Waters v. Blagg

¶1 Gary and Patricia Waters (“the Waters”) commenced an action in Sanders County District Court to quiet title to their property, seeking declaration that the property was unencumbered by any easements in favor of neighbors Blagg, Bowe, and Overman, (collectively “the Defendants”); and that Blagg’s rock harvesting operation on the adjoining property was a nuisance. The Defendants counterclaim that they acquired easement by implication or by prescription. The District Court granted summary judgment in the Defendants’ favor, declaring a blanket implied easement by pre-existing use and by…