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MYERS v. DEE

No. DA 11-0190.

261 P.3d 1054 (2011)

2011 MT 244

Gary MYERS, Plaintiff and Appellant, v. W. Stephen DEE, Victoria R. Dee and all other Persons Unknown, claiming or who might claim any right, title, estate, or interest in, or lien or encumbrance upon, the real property described in the Complaint or any thereof, adverse to the Plaintiff's ownership, Defendants and Appellees.

Supreme Court of Montana.

Decided October 4, 2011.

Attorney(s) appearing for the Case

For Appellant: David B. Gallik , Gallik Law Office, PLLC, Helena, Montana.

For Appellee: Rick Pyfer , Patrick T. Fox , Doubek & Pyfer, LLP, Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Gary Myers filed this action in the District Court for the First Judicial District, Lewis and Clark County, seeking to condemn a strip of land owned by Stephen and Victoria Dee (the Dees) to create a private road allowing access to property owned by Myers. The court granted the Dees' Motion for Summary Judgment and Myers appeals. We affirm.

¶ 2 Myers raises two issues on appeal which...

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