Tarlton v. Kaufman

¶1 Robert Tarlton and Mary Tarlton (collectively “the Tarltons”) appeal from the judgment entered on a jury verdict in the Fourth Judicial District Court, Missoula County, which found that a fence covered in dark material and approximately 26 feet in height installed by James Kaufman and Gretchen Kim Kaufman (collectively “the Kaufmans”) was not a nuisance or a spite fence. We reverse in part and affirm in part.

¶2 We address the following issues on appeal, restated as follows:

¶3 I. Did the District Court err by instructing the jury that “[gjenerally, a structure or condition cannot constitute…