Brown & Brown of MT, Inc. v. Raty

¶1 Brown & Brown of MT, Inc. (Brown) commenced an action in the Twelfth Judicial District Court, Hill County, seeking a preliminary injunction preventing neighbors Keith and Colleen Raty from crossing Brown’s land, or in the alternative, a declaratory judgment stating that the Ratys do not have a prescriptive easement. The Ratys appeal the decision of the District Court granting a prescriptive easement in their favor but limiting the width of the prescriptive easement to twenty feet. Brown cross-appeals, arguing that the District Court erred in granting summary judgment because genuine issues…