Butcher v. Petranek

Defendants Charles and George Petranek appeal from an order of the District Court, Fergus County, denying their motion for a new trial.

This case involves a dispute over a fourteen mile roadway across plaintiff Edward Butcher’s land which Petraneks, owners of a neighboring tract, had used for some years with Butcher’s permission. This same roadway was subject of a quiet title action previously before this Court. Taylor v. Petranek (1977), 173 Mont. 433, 568 P.2d 120. In that case, this Court held that Petraneks did not have an easement in the road.

At the time the quiet title action was pending…