Scott v. Lee & Donna Metcalf Charitable Trust

¶1 Terrance Scott and Laurie Scott (the Scotts) appeal from the order of the Montana First Judicial District Court, Lewis and Clark County, resolving cross-motions for summary judgment in favor of the Lee and Donna Metcalf Charitable Trust (the Trust). We affirm.

ISSUES

¶2 We review the following issues:

1. Did the District Court err by deciding that the Metcalf Restrictions were enforceable against the Scotts by the Trust?

2. Did the District Court err by deciding that the Metcalf Restrictions were enforceable as anything other than a conservation easement?

3. Did the District Court err by…