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BROWN & BROWN OF MT, INC. v. RATY

No. DA 11-0739.

289 P.3d 156 (2012)

2012 MT 264

BROWN & BROWN OF MT, INC., a corporation, Plaintiff, Appellee, and Cross-Appellant, v. Keith RATY and Colleen Raty, Defendants and Appellants.

Supreme Court of Montana.

Decided November 20, 2012.

Attorney(s) appearing for the Case

For Appellants: Gregory J. Hatley , Davis, Hatley, Haffeman & Tighe, P.C., Great Falls, Montana.

For Appellee: J. Devlan Geddes , Goetz, Gallik & Baldwin, P.C., Bozeman, Montana Thomas J. Sheehy , Sheehy Law Office, PLLC, Big Sandy, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Brown & Brown of MT, Inc. (Brown) commenced an action in the Twelfth Judicial District Court, Hill County, seeking a preliminary injunction preventing neighbors Keith and Colleen Raty from crossing Brown's land, or in the alternative, a declaratory judgment stating that the Ratys do not have a prescriptive easement. The Ratys appeal the decision of the District Court granting a prescriptive...

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