Kirk v. Wescott
Annotate this CaseThe issue presented for the Supreme Court's review stems from a quiet title action filed by Appellants Andrew and Kimberly Kirk against Ann Wescott. The Kirks bought a plot of land in Blaine County, referred to as Lot 7 of Block 1 of the Glassford Heights Subdivision (“Lot 7”). After purchasing Lot 7, the Kirks found out that Lot 8 of the subdivision had been granted an easement of access across the southeast corner of Lot 7. Wescott owned Lot 8. In 2012, the Kirks brought this action to quiet title, asking the court to terminate the easement encumbering their property. Both parties moved for summary judgment, asking the court to interpret the deed granting the easement. The district court granted partial summary judgment to Wescott, concluding that the easement was created and none of the events that would trigger its termination had occurred. The Kirks then filed two motions to amend the complaint, both of which the district court denied. After a bench trial, the district court dismissed the Kirks’ action for quiet title. Wescott sought an award of attorney fees, which the district court also denied. On appeal, the Kirks challenged the district court’s grant of partial summary judgment to Wescott and the court’s denial of their motions to amend the complaint. Wescott cross-appealed, challenging the district court’s denial of her motion for attorney fees. Wescott also sought an award of attorney fees on appeal. After review, the Supreme Court concluded the district court erred in its interpretation of the easement on summary judgment. The district court judgment in favor of Wescott was reversed and the case remanded to the district court to enter judgment in favor of the Kirks. Costs were awarded to the Kirks on appeal.
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