Gibson, et al. v. Paramount Homes LLC, et al.
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Plaintiffs sued defendants seeking recognition and enforcement of their easement over Prairie Drive in Park County, Montana, near the City of Livingston. The parties raised several issues regarding the district court's findings of facts, conclusions of law, and order dated August 4, 2010. The court held that plaintiffs failed to demonstrate that the relief ordered by the district court, if properly implemented, would not allow them to use their easement essentially as they did and therefore, the district court both recognized and upheld plaintiffs' easement rights and ordered relief specifically designed to address their complaints. The court held that plaintiffs were entitled to attorney fees and costs where there was no factual support for defendants' argument that they were actually the prevailing party and plaintiffs prevailed on all substantive issues. The court held that the Prairie Drive Subdivision Homeowner's Association ("HOA") had standing to participate in the case where the HOA cured a defect with the Secretary of State when it had been involuntarily dissolved for failure to file its annual report. The court held that there was no evidence that plaintiffs' property right in the easement had been taken or extinguished and the district court correctly concluded that plaintiffs' private easements existed independently of any public right to use the right of way. The court held that there was no merit in the argument that plaintiffs' settlement with the City of Livingston absolved defendants of any liability. Accordingly, the court affirmed the judgment of the district court except as to the matter of plaintiffs' entitlement to attorney fees and costs and that matter was remanded for further proceedings.
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