Barrett, Inc. v. City of Red Lodge
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The Supreme Court affirmed the summary judgment in favor of Collaborative Design Architects, Inc. (CDA) declaring that a prescriptive easement had been acquired over Barrett, Inc.'s property for the Red Lodge High School's secondary access route, holding that the district court did not err in concluding that the City of Red Lodge and the Red Lodge School District established a prescriptive easement.
After a survey of its property revealed that an access road to the high school encroached upon its property, Barrett initiated this action against the city and the school district, alleging inverse condemnation, negligence, and state constitutional violations. CDA moved for summary judgment, contending that the city and school district acquired a prescriptive easement across the property. The district court granted the motion. The Supreme Court affirmed, holding that CDA was entitled to judgment as a matter of law upon establishing all of the elements of a prescriptive easement.
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