Kelly v. Burlington Northern Railroad

This is an appeal from the Montana Eighteenth Judicial District Court, Gallatin County. Following a nonjury trial, the District Court denied Plaintiffs’ claims for the declaration of an easement by prescription, by necessity or by implication, and entered judgment for Defendants. From this judgment, Plaintiffs appeal. We reverse.

The following issues are raised on appeal:

1. Did the District Court err in concluding, as a matter of law, that Plaintiffs do not have an easement by necessity?

2. Did the District Court err in concluding, as a matter of law, that Plaintiffs do not have a private…