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PEARSON v. VIRGINIA CITY RANCHES ASS'N

No. 98-703.

993 P.2d 688 (2000)

2000 MT 12

Carl and Barbara PEARSON, husband and wife, and Richard and Alde Feskanin, husband and wife, Plaintiffs and Respondents, v. VIRGINIA CITY RANCHES ASSOCIATION, Manfred Manfred New, Edward New, Eugene & Pauline Boardas, Hugh & Hildegard Webster, Richard McGuire, Janet & John Dochnal, Harker & Marian Dale, Chris & Katherine Johnson, Marlene Flynn, Ayres & Rosemary Baker, Neville Booth, and Kevin & Diann Hokanson, Defendants and Appellants.

Supreme Court of Montana.

Decided January 20, 2000.

Rehearing Denied February 18, 2000.

Attorney(s) appearing for the Case

Terry F. Schaplow, P.C., Attorney at Law; Bozeman, Montana, Jeannette E. Berry, Attorney at Law; Bozeman, Montana, For Appellants.

Michael J. Lilly, The Berg Law Firm; Bozeman, Montana, For Respondents.

Justice TERRY N. TRIEWEILER delivered the opinion of the Court.

¶ 1 The Plaintiffs, Carl and Barbara Pearson and Richard and Alde Feskanin, commenced this action for declaratory judgment and injunctive relief in the District Court for the Fifth Judicial District in Madison County. They sought a determination that a bridle path easement existed for the use of all owners in the Virginia City Ranches Subdivision and an injunction enjoining the individual Defendants...

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