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BELL GENERATIONS TRUST v. FLATHEAD BANK

No. DA 12-0493.

302 P.3d 390 (2013)

2013 MT 152

TERRY L. BELL GENERATIONS TRUST, Plaintiff and Appellant, v. FLATHEAD BANK OF BIGFORK, Defendant and Appellee.

Supreme Court of Montana.

Decided June 5, 2013.

Attorney(s) appearing for the Case

For Appellant: Sean S. Frampton , Brian M. Joos , Morrison & Frampton PLLP, Whitefish, Montana.

For Appellee: Paul A. Sandry , Johnson, Berg, & Saxby, PLLP, Kalispell, Montana.

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

¶ 1 Terry L. Bell Generations Trust (Bell) appeals from an order of the Twentieth Judicial District Court, Lake County, entering summary judgment in favor of Flathead Bank of Bigfork (Flathead Bank) on Bell's easement claims. The District Court determined that Bell's easement rights were subordinate to Flathead Bank's interests in the subject real property and were properly foreclosed upon and extinguished...

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