Legal Opinion

Flynn v. Siren

Montana Supreme Court

Decided January 7, 1986No. 84-456PublishedCited by 11 opinions

1Opinion of the CourtJustice Weber

During a jury trial, the Missoula County District Court entered a directed verdict adjudging that plaintiffs are entitled to the ungated, unbarricaded, unchained, free and unobstructed use of a right-of-way easement. The jury returned a verdict finding that the plaintiffs had not abandoned any portion of the easement. Defendants appeal both verdicts. We affirm.

The issues on appeal are:

1. Did the District Court err in directing a verdict that as a matter of law defendants’ obstructions interfered with plaintiffs’ use of their granted private easement?

2. Did the District Court err in granting…

2Cases cited7 opinions

  1. City of Missoula v. MixMontana Supreme Court · 1950
  2. Sistok v. Northwestern Telephone Systems, Inc.Montana Supreme Court · 1980
  3. Rock Springs Corp. v. PierreMontana Supreme Court · 1980
  4. Kleinsasser v. Superior Derrick Service, Inc.Montana Supreme Court · 1985
  5. Lawlor v. County of FlatheadMontana Supreme Court · 1978

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Gabriel v. WoodMontana Supreme Court · 1993
  2. Musselshell Ranch Company v. Seidel-JoukovaMontana Supreme Court · 2011
  3. Strahan v. BushMontana Supreme Court · 1989
  4. Earl v. Pavex, Corp.Montana Supreme Court · 2013
  5. Parry v. George H. Brown & Associates, Inc.Court of Appeals of Washington · 1986

6 more not listed; retrieve them via the Exa API.

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