Lincoln v. Pieper

The defendants Wesley J. Pieper and Faye E. Pieper appeal the order of the Montana Eleventh Judicial District Court, Flathead County, granting partial summary judgment to plaintiffs Robert C. and Megan Lincoln and Jack and Beth Noland, holding that the Lincolns and Nolands have a right to use a water system passing through the defendants’ and the plaintiffs’ properties. We affirm.

The Piepers raise the following issues on appeal:(1) Did the District Court err in holding that a conveyance of land and a water right “with appurtenances” from the parties’ common grantor created and transferred an…