Fox v. BHCC II, Inc.

¶1 Herman Fox filed a complaint against the Billings Hotel & Convention Center (BHCC or Hotel) in December 2015 alleging that BHCC was interfering with his right to distribute irrigation water and maintain the irrigation ditch to which he holds senior rights. Following a non-jury trial in August 2016, the District Court ruled that while Fox has existing and historical ditch and water rights across BHCC’s property, as well as an established secondary easement, BHCC was not unreasonably infringing on Fox’s easement rights. The court determined that Fox shall have access to the easement property…