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MUSSELSHELL RANCH COMPANY v. SEIDEL-JOUKOVA

No. DA 10-0349.

261 P.3d 570 (2011)

2011 MT 217

MUSSELSHELL RANCH COMPANY, a Montana corporation; Mary T. Cooley, Daniel Cooley, Brian Cooley, Darren Cooley, Callie Rech, d/b/a Cooley Ranch, Plaintiffs and Appellants, v. Nataliya SEIDEL-JOUKOVA, a/k/a Nataliya Seidel Joukova, and John Does 1-5, Defendants and Appellees.

Supreme Court of Montana.

Decided August 31, 2011.

Attorney(s) appearing for the Case

For Appellants: John R. Christensen , Ben T. Sather ; Christensen Fulton & Filz, PLLC; Billings, Montana.

For Appellee: Nataliya Seidel-Joukova , (self-represented litigant); Musselshell, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Plaintiffs Musselshell Ranch Company and Cooley Ranch appeal the order of the Fourteenth Judicial District Court, Musselshell County, allowing a culvert and rock bridge placed in their irrigation ditch (the "Cooley-Goffena" ditch) by Defendants ("Joukova") to remain in the ditch. The District Court concluded the structure did not unreasonably interfere with plaintiffs' easement rights in the ditch. We...

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