Davis v. Westphal

¶1 Plaintiffs Monte R. and Wilhelmine S. Davis (Davises) appeal from an order of the Montana Eleventh Judicial District Court, Flathead County, denying the portion of their motion for partial summary judgment seeking an order compelling Defendants Douglas L. Westphal and Kathy L. Wilson (Westphals) to immediately remove trespassing encroachments on Davises’ property and to restore the property to its prior condition subject to Davises’ right to do so at Westphals’ expense if they fail to timely act. Westphals cross-appeal the District Court’s underlying grant of summary judgment declaring…