Unruh v. Tash

This is an appeal and cross-appeal from a Fifth Judicial District Court, Beaverhead County, order granting the defendant’s motion for summary judgment in a prescriptive easement action. We reverse and remand.

The following are issues on appeal and cross-appeal:

APPEAL

1.Did the District Court err in denying attorney fees to the defendant William Tash (Tash) pursuant to § 70-17-112, MCA?

CROSS-APPEAL

1. Did the District Court err in granting summary judgment in favor of Tash, finding a prescriptive easement for the use of the ditch and a prescriptive right to overflow water onto a portion of…