Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hudson v. Irwin

Supreme Court of Montana

January 16, 2018

THOMAS MICHAEL HUDSON and REBECCA ANNE HUDSON, Plaintiffs and Appellants,
v.
DENNIS R. IRWIN, IRWIN ENTERPRISES, LLC, and WEST FORK LODGE, INC., Defendants and Appellees.

          Submitted on Briefs: October 25, 2017

         APPEAL FROM District Court of the Twenty-First Judicial District, In and For the County of Ravalli, Cause No. DV-12-250 Honorable Jeffrey H. Langton, Presiding Judge

          For Appellants: Robert T. Bell, Reep, Bell, Laird & Jasper, P.C., Missoula, Montana

          For Appellees: Martin S. King, Worden Thane P.C., Missoula, Montana

          OPINION

          Mike McGrath, Chief Justice

         ¶1 This is an appeal from a Twenty-First Judicial District Court order granting summary judgment in favor of Dennis Irwin, Irwin Enterprises, LLC, and West Fork Lodge, Inc. (collectively Irwin), concluding that Thomas and Rebecca Hudson (Hudsons) do not have an easement to access a nearby airstrip. We affirm.

         ¶2 We restate the issues on appeal as follows:[1]

         1. Whether the District Court erred when it concluded that the Hudsons were not entitled to access an easement located on the Irwin Property.

         2. Whether the owner of real property who is establishing a general plan development can create an easement upon the owner's own parcel.

         3. Whether the District Court's prevailing party award of attorney fees should be vacated.

         PROCEDURAL AND FACTUAL BACKGROUND

         ¶3 The Hudsons own real property located in Ravalli County, Montana, known as "Parcel A of Certificate of Survey No. 490742-R, Section 4, Township 1 North, Range 21 West, P.M.M., Ravalli County, Montana" (Hudson Property). Irwin owns real property located in Ravalli County, Montana, known as "A tract of land located in and being a portion of Section 4, Township 1 North, Range 21 West, P.M.M., Ravalli County, Montana, and being more particularly described as Parcel B, Certificate of Survey No. 490742-R" (Irwin Property).[2] Before being subdivided by a previous owner, the Hudson and Irwin Properties were one in the same.

         ¶4 A privately owned, public use airport (Airport) is located on the Irwin Property. The Airport was founded by Roy Shook for United States Forest Service purposes and was operated from a building referred to as "West Fork Lodge." In 1976, Certificate of Survey (COS) 1075 was recorded, depicting eleven parcels of land. The airstrip to the Airport is located within Parcel 7 of COS 1075. West Fork Lodge is located outside of COS 1075 on COS 719 (West Fork Lodge Property).

         ¶5 Shook sold the land north of the airstrip to Harold Mildenberger and the airstrip and West Fork Lodge to David Monks. In 1980, Monks conveyed the West Fork Lodge Property to Shook Mountain Resort. In 1981, Monks conveyed Parcel 7 of COS 1075 to Shook Mountain Resort. Also in 1981, an easement (Easement Grant) was executed and recorded, which described an airport known as the Wilcox-Shook Mountain Resort Airport that exists across portions of Parcels 4, 5, and 7 of COS 1075. The Easement Grant stated ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.