Gabriel v. Wood

Owen and Chris Gabriel and Allen and Dona Blanchard appeal from the findings of fact, conclusions of law and order entered by the First Judicial District Court, Lewis and Clark County, declining to enjoin David Wood from maintaining gates across a road leading to their properties. We affirm.

The following issues are raised on appeal:

1. Did the District Court err by declining to enjoin Wood from maintaining gates across the common road?

2. Is Wood entitled to reasonable attorney’s fees on appeal?

Owen and Chris Gabriel (the Gabriels) own several unpatented mining claims in Lewis and Clark County.…