Tomlin Enterprises, Inc. v. Althoff

¶1 Rick Althoff appeals the May 7, 2003, Judgment of the Montana Thirteenth Judicial District Court, Yellowstone County, in which the court granted Tomlin Enterprises, Inc. (“Tomlin”) a permanent injunction, precluding Althoff from crossing Tomlin’s property located at Section 6, Township 3 North, Range 31 East, PMM, in Yellowstone County, and ordering Althoff to pay Tomlin the sum of $930.30. We affirm.

ISSUE

¶2 We restate the issue as follows: Did the District Court err when it concluded that clear and convincing evidence showed that Althoff s use of an easement across Tomlin’s property was…