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EARL v. PAVEX, CORP.

No. DA 12-0466.

313 P.3d 154 (2013)

2013 MT 343

James EARL and Rachel E. Earl, Plaintiffs, Appellees, & Cross-Appellants, v. PAVEX, CORP., an Arizona corporation licensed to do business in Montana, Defendant, Appellant, & Cross-Appellee.

Supreme Court of Montana.

Decided November 12, 2013.

Attorney(s) appearing for the Case

For Appellant: Gerry P. Fagan , Brandon JT Hoskins , Moulton Bellingham PC, Billings, Montana.

For Appellees: Steven W. Jennings , Crowley Fleck PLLP, Billings, Montana.

Justice LAURIE McKINNON delivered the Opinion of the Court.

¶ 1 James and Rachel Earl commenced this action against Pavex Corporation in the Sixteenth Judicial District Court, Rosebud County. The Earls sought declaratory rulings concerning two overlapping easements — one 100 feet in width, the other 30 feet in width-that burden the Earls' land for the benefit of Pavex's land. The Earls conceded the 30-foot-wide easement but disputed the 100-foot-wide easement...

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