Whary v. Plum Creek Timberlands, L.P.

¶1 Eric Lance Whary, William Tiegs, and Donna Tiegs (Plaintiffs) appeal from an order of the Eleventh Judicial District Court, Flathead County, denying their motion for partial summary judgment and granting Plum Creek Timberlands, L.P.’s (Plum Creek) motion for summary judgment. We reverse and remand.

ISSUES

¶2 A restatement of the issues on appeal is:

¶3 1. Did the District Court err in granting Plum Creek’s motion for summary judgment?

¶4 2. Did the District Court err in finding that the scope of the easement was not limited to logging operations?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 This dispute…