Legal Opinion

Sampson v. Grooms

Montana Supreme Court

Decided January 19, 1988No. 87-219PublishedCited by 16 opinions

1Opinion of the CourtJustice Gulbrandson

This is an appeal of a Yellowstone County District Court order enjoining the Grooms from preventing or interfering with Sampson’s right to use an easement for access to his property and for parking vehicles. We affirm in part, reverse in part, and remand with instructions to enter a permanent injunction consistent with this opinion.

Sampson and the Grooms are neighbors. The deed to Sampson’s land (tract “A”) includes an easement for a twelve-foot wide “private road” over property now owned by the Grooms (tract “B”). In 1979, Sampson erected a fence around his property that effectively…

2Cases cited4 opinions

  1. City of Missoula v. MixMontana Supreme Court · 1950
  2. Madison Fork Ranch v. L & B Lodge Pole Timber ProductsMontana Supreme Court · 1980
  3. Titeca v. State Ex Rel. Department of Fish, Wildlife, & ParksMontana Supreme Court · 1981
  4. Garrett v. JacksonMontana Supreme Court · 1979

3Cited by16 opinions

  1. Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
  2. Mattson v. Montana Power Co.Montana Supreme Court · 2009
  3. Mattson v. Montana Power Co.Montana Supreme Court · 2012
  4. Ruana v. GrigonisMontana Supreme Court · 1996
  5. Strahan v. BushMontana Supreme Court · 1989

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