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YELLOWSTONE RIVER v. MERIWETHER LAND FUND I

No. DA 10-0436.

264 P.3d 1065 (2011)

2011 MT 263

362 Mont. 273

YELLOWSTONE RIVER, LLC, a Montana limited liability corporation, Plaintiff and Appellant, v. MERIWETHER LAND FUND I, LLC, a Delaware limited liability company, and Meriwether Land Co., LLC, a foreign limited liability company, Defendants and Appellees.

Supreme Court of Montana.

Decided October 25, 2011.

Rehearing Denied December 13, 2011.

Attorney(s) appearing for the Case

For Appellant: J. Robert Planalp , Landoe, Brown, Planalp & Reida, PC, Bozeman, Montana, Robert L. Jovick , Attorney at Law, Livingston, Montana.

For Appellees: David M. Wagner , Crowley Fleck, PLLP, Bozeman, Montana.

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

¶ 1 Yellowstone River, LLC (hereinafter "YR") commenced this action against Meriwether Land Fund I, LLC, and Meriwether Land Co., LLC (collectively "Meriwether") in the Sixth Judicial District Court, Sweet Grass County. YR sought a determination that it has an easement to access its property over Meriwether's adjacent property. YR raised multiple theories in support of its alleged easement; however,...

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