Taylor v. Montana Power Co.

¶1 Earl and Evelyn Taylor (Taylors) filed a complaint in the Thirteenth Judicial District Court alleging that the Montana Power Company (MPC) failed to gain permission to install electrical power lines below and above their property. In its answer, MPC asserted, among other defenses, that it had established prescriptive easements for the underground and overhead power lines and accompanying equipment. Following MPC’s motion for summary judgment, the District Court concluded MPC had established prescriptive easements on Taylors’ property, and granted judgment in MPC’s favor. Taylors appeal…