Legal Opinion

Ash v. Merlette

Montana Supreme Court

Decided December 12, 2017No. DA 17-0160PublishedCited by 4 opinions

1Opinion of the CourtJustice Sandefur

¶1 John B. Merlette and Gladys A. Merlette (Merlette) appeal an order of the Montana Eleventh Judicial District Court granting summary judgment declaring that Brenda M. Ash (Ash) owns certain disputed land between the high- and low-water marks of a small lake located in Flathead County, Montana. We affirm and address the following issue on appeal:

Did the District Court correctly conclude that Ash owns the land bordering her property between the high- and low-water marks of Parker Lake?

BACKGROUND

¶2 In 1986, Larry and Serena Streeter (Streeters) acquired approximately 43 acres of property…

2Cases cited25 opinions

  1. Montana v. United StatesSupreme Court of the United States · 1981
  2. Solid Waste Agency of Northern Cook County v. United States Army Corps of EngineersSupreme Court of the United States · 2001
  3. Hardin v. JordanSupreme Court of the United States · 1891
  4. Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
  5. United States v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of the United States · 1941

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3Cited by4 opinions

  1. Kapor v. RJC Inv., Inc.Montana Supreme Court · 2019
  2. Callsen v. Missoula CountyMontana Supreme Court · 2020
  3. Dellit v. SchlederMontana Supreme Court · 2022
  4. Ronald W. Hein and Linda M. Hein v. Steven Paul Carlson and Paulette Joan Carlson; and Clarence Lee Daniels and Mary Jo DanielsWyoming Supreme Court · 2026

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