OLSEN v. MILNER

No. DA 11-0464.

276 P.3d 934 (2012)

2012 MT 88

Gary OLSEN, Plaintiff and Appellee, v. Neil MILNER and Seth Milner, Defendants and Appellants.

Supreme Court of Montana.

Decided April 23, 2012.


Attorney(s) appearing for the Case

For Appellants: Jay Forsyth , Attorney at Law; Libby, Montana.

For Appellee: Doug Scotti ; Morrison & Frampton, PLLP, Whitefish, Montana.


Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Appellants Neil and Seth Milner appeal from the District Court for the Nineteenth Judicial District's grant of a mandatory injunction, abatement, and $10,000 damages to Appellee Gary Olsen (Olsen) for his claims of private nuisance and trespass.

¶ 2 We restate the issues as follows:

¶ 3 Issue one: Did the District Court err in determining that Olsen's claims were not...

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