Jonathan Frame v. Theodore Huber E

¶1 Hubers, Poole, Smith, Yetters, Racicots and Martinsens appeal from the District Court’s April 17,2009, order granting Frame’s motion for summary judgment, ruling that Frame has an easement by necessity across their lands, and denying all other motions for summary judgment. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 The parties all own tracts of land that abut the Dearborn River. Frame’s lot abuts the River on the south bank and lies in Lewis & Clark County. The Huber and Poole lots abut each other and are on the opposite side of the Dearborn River from Frame’s lot, in Cascade County.1…