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FLORA v. CLEARMAN

DA 15-0705.

384 P.3d 448 (2016)

2016 MT 290

Marc FLORA and Gloria Flora, Plaintiffs and Appellants, v. Theodore CLEARMAN, Janeen Smitheen and Dennis Smitheen, Grayce Turk and Duane Turk, Bud Morris, Jeffrey Jacobs, Kevin Hendrickson and Brenda Hendrickson, Tomas Graman, Steffen Rasile, and Alta Vista Properties, LLC, a Montana corporation, Defendants, Linda Koontz, Dennis Shaw, Chad Newman and Nicole Newman, Katy Wessel, John Mehan, Defendants and Appellees.

Supreme Court of Montana.

Decided: November 15, 2016.

Attorney(s) appearing for the Case

For Appellants: Colleen M. Dowdall , Jesse C. Kodadek , Worden Thane P.C., Missoula, Montana.

For Appellees: Timothy W. McKeon , McKeon Doud, P.C., Helena, Montana (Attorney for Kate Wessel and John Mehan).

John D. Doubek , Doubek, Pyfer & Fox, LLP, Helena, Montana (Attorney for Linda Koontz and Dennis Shaw).

¶ 1 Plaintiffs Marc and Gloria Flora appeal the October 13, 2015, Order by the First Judicial District Court, Lewis and Clark County, granting their preliminary injunction based on a prescriptive easement rather than on an express public easement. The Floras also appeal the Order...

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