Bennett v. Hill

¶1 Wendell Bennett, Jr., Kathryne Bennett, Karla Lange, Schneiter Enterprises, LTD, and Roger F. Dallner Trust (“Appellants”) appeal from the orders of the Montana Thirteenth Judicial District Court, Yellowstone County, granting summary judgment and ordering attorney fees in favor of Ronald Hill, Specialized Construction, Inc., Ronald S. Hill, LLC, and Lake Hills Golf, LLC (“Defendants”). We reverse and remand.

ISSUES

¶2 We review the following issues:

1. Did the District Court err by granting summary judgment in favor of the Defendants on the issue of whether the wall constituted a spite fence?

2…