Brown & Brown of MT, Inc. v. Raty

¶1 Brown & Brown of Montana, Inc. (Brown) appeals from the Order of the Montana Twelfth Judicial District Court, Hill County, modifying its final judgment to conform with our opinion in Brown & Brown of MT, Inc. v. Raty, 2012 MT 264, 367 Mont. 67, 289 P.3d 156 (Brown I).

¶2 We reverse and remand for further proceedings.

¶3 The issue on appeal is:

¶4 Did the District Court err by failing to delineate the scope of the Ratys’ residential and recreational prescriptive easements across Brown’s redi property ?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 The Court previously considered this case in Brown I,…