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FLAIG v. GRAMM

No. 99-057.

983 P.2d 396 (1999)

1999 MT 181

Benjamin F. FLAIG and Verna B. Flaig, Plaintiffs and Appellants, v. Marvin W. GRAMM and Edith W. Gramm, Defendants and Respondents.

Supreme Court of Montana.

Decided July 27, 1999.

Attorney(s) appearing for the Case

Douglas Harris; Harris & Callaghan, Missoula, Montana, For Appellants.

Matthew H. O'Neill; French, Mercer, Grainey & O'Neill, Polson, Montana, For Respondents.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 Benjamin and Verna Flaig (hereafter the Flaigs) appeal the judgment and order of the Twentieth Judicial District Court.

¶ 2 We affirm in part and reverse in part.

¶ 3 We restate the issues as follows:

¶ 4 1. Whether the District Court erred in concluding that the Flaigs have neither an easement by estoppel or implication nor an equitable servitude upon the...

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