Marta v. Smith

Plaintiffs appeal from a judgment entered in District Court, Madison County, in favor of defendants on all issues. The plaintiffs were denied an exclusive prescriptive easement to a roadway, were found to be in wrongful possession of their “yard space”, and were enjoined from using an irrigation system across defendants’ land, until plaintiffs paid defendants for damages thereto. We affirm in part, vacate in part, and remand to District Court for a hearing on attorney fees and plaintiffs’ motion to strike.

This dispute arose between adjacent landowners near Sheridan, Montana, and involves…