Legal Opinion

Rafanelli v. Dale

Montana Supreme Court

Decided August 9, 1996No. 95-440PublishedCited by 30 opinions

1Opinion of the CourtJustice Gray

V. Mark Rafanelli (Rafanelli) appeals from a judgment of the Fifth Judicial District Court, Madison County, that Hal Dale and his daughters, Virginia Lee Gabig and Paulette Dale-Hutcheon, '(the Dales) have an easement by prescription across a portion of his property. We affirm.

The following issues are raised on appeal:

1. Did the District Court err in concluding that the Dales had acquired a prescriptive easement?

2. Did the District Court err in not concluding that the Dales’ prescriptive easement had been extinguished?

3. Did the District Court abuse its discretion in admitting Exhibit 29 into…

2Cases cited15 opinions

  1. Interstate Production Credit Ass'n v. DesayeMontana Supreme Court · 1991
  2. Public Lands Access Ass'n v. Boone & Crockett Club Foundation, Inc.Montana Supreme Court · 1993
  3. Lemont Land Corp. v. RogersMontana Supreme Court · 1994
  4. Keebler v. HardingMontana Supreme Court · 1991
  5. Double AA Corp. v. Newland & Co.Montana Supreme Court · 1995

10 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Wareing v. SchreckendgustMontana Supreme Court · 1996
  2. Brimstone Mining, Inc. v. GlausMontana Supreme Court · 2003
  3. Renner v. NemitzMontana Supreme Court · 2001
  4. Albert v. HastetterMontana Supreme Court · 2002
  5. Hitshew v. Butte/Silver Bow CountyMontana Supreme Court · 1999

25 more not listed; retrieve them via the Exa API.

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