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PEDERSEN v. ZIEHL

No. DA 13-0026.

311 P.3d 765 (2013)

2013 MT 306

372 Mont. 223

Gayle P. PEDERSEN, as Trustee of the Gayle P. Pedersen Trust, Plaintiff and Appellee, v. Dean ZIEHL and Nancy Ziehl, individually and as Trustees of Ziehl Family Trust dated January 16, 2004, Defendants and Appellants.

Supreme Court of Montana.

Decided October 16, 2013.

Attorney(s) appearing for the Case

For Appellants: Donald V. Snavely ; Snavely Law Firm; Missoula, Montana Evonne Smith Wells , Tal M. Goldin ; Wells & McKittrick, P.C.; Missoula, Montana.

For Appellee: Randall A. Snyder ; Snyder Law offices; Bigfork, Montana.

Justice JIM RICE delivered the Opinion of the Court.

¶ 1 Dean and Nancy Ziehl (the Ziehls) appeal from the Judgment of the Montana Eleventh Judicial District Court determining that they do not own a prescriptive easement over a portion of dock that extends onto Gayle Pedersen's (Pedersen) property. The District Court ordered that the intruding portion of dock be removed and costs be awarded to Pedersen. We affirm and...

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