Parker v. Elder

This is an appeal from the District Court of the Thirteenth Judicial District, County of Big Horn, State of Montana, the Honorable G. Todd Baugh presiding. This is the second time this matter has been before this Court on appeal. In the original appeal to this Court, Parker v. Elder (1988), 233 Mont. 75, 758 P.2d 292, this Court upheld the District Court’s award of a permanent injunction enjoining respondents from interfering with appellant’s use of a road that crossed respondent Carrie Wilmoth Elder’s land. The matter was returned to the District Court, which subsequently heard testimony on…