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TAYLOR v. MONTANA POWER CO.

No. 02-022.

58 P.3d 162 (2002)

2002 MT 247

Earl D. TAYLOR and Evelyn E. Taylor, Plaintiffs and Appellants, v. MONTANA POWER COMPANY, Defendant and Respondent.

Supreme Court of Montana.

Decided November 14, 2002.

Attorney(s) appearing for the Case

Thomas E. Towe, Towe, Ball, Enright, Mackey & Sommerfeld, Billings, Montana, for Appellants.

Michael P. Manion, The Montana Power Company, Butte, Montana, for Respondent.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 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...

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