Kephart v. Portmann

A. Evans Kephart and the Estate of John W. Kephart, Jr., (Kepharts) appeal from a judgment of the Eighteenth Judicial District Court, Gallatin County, determining that Martin and Helen Portmann (Portmanns) possess a ditch easement over and across the Kepharts’ property. The Portmanns cross-appeal the order of the District Court denying them costs and attorney’s fees associated with their defense of this action. We affirm in part and reverse in part. We address the following issues:

1. Did the District Court err in concluding that the Portmanns have a ditch easement over and across the…