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YORLUM PROPERTIES LTD. v. LINCOLN COUNTY

No. DA 12-0707.

311 P.3d 748 (2013)

2013 MT 298

372 Mont. 159

YORLUM PROPERTIES, LTD., Plaintiff and Appellee, v. LINCOLN COUNTY, a political subdivision, and William and Janet Biggerstaff, Defendants and Appellants.

Supreme Court of Montana.

Decided October 15, 2013.

Attorney(s) appearing for the Case

For Appellants: Clifton W. Hayden ; Hedman, Hileman & LaCosta, PLLP; Whitefish, Montana (for William and Janet Biggerstaff), Bernard G. Cassidy ; Lincoln County Attorney; Libby, Montana (for Lincoln County).

For Appellee: Amy N. Guth ; Attorney at Law; Libby, Montana.

Justice Laurie McKINNON delivered the Opinion of the Court.

¶ 1 Carol Miller owned two adjacent parcels of real property in Lincoln County near Eureka, Montana. In March 2005, she conveyed one of the parcels to William and Janet Biggerstaff (the Biggerstaffs). Miller purported in the conveyance to reserve an easement over the Biggerstaffs' parcel for the benefit of Miller's retained parcel. In August 2006, Miller conveyed her retained parcel to Yorlum Properties...

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