QUARTER CIRCLE JP RANCH, LLC; WALLY PAPEZ and ARETTA PAPEZ, Plaintiffs and Appellants,
BARBARA JERDE, Defendant, Appellee and Cross-Appellant.
Submitted on Briefs: January 24, 2018
FROM: District Court of the Twenty-Second Judicial District,
In and For the County of Carbon, Cause No. DV 14-67 Honorable
Blair Jones, Presiding Judge.
Appellant: Jacqueline R. Papez, Lee Bruner, Doney Crowley,
P.C., Helena, Montana.
Appellee: Daniel G. Gillispie, Attorney at Law, Billings,
Wally Papez, Aretta Papez and Quarter Circle JP Ranch, LLC
(collectively "Quarter Circle") appeal from the
February 2, 2017 Order on Cross Motions for Partial Summary
Judgment and the June 10, 2016 Order on Plaintiffs'
Motion for Summary Adjudication entered by the Twenty-Second
Judicial District Court, Carbon County. Barbara Jerde
cross-appeals. We affirm in part and reverse in part,
addressing the following issues:
1. Did the District Court err by concluding a road
easement "for the purpose of conducting farming and
ranching operations and activities" was specific in
nature and unambiguously included residential use?
2. Did the District Court err by concluding the easement
did not also provide access to adjacent after-acquired
3. Did the District Court err by denying joinder of the
owner of the after-acquired property to the litigation?
AND PROCEDURAL BACKGROUND
In 1988, John Papez, James and Phyllis Hoskin, Lorraine
Lindblad, and Clifford Helt entered a "Mutual Grant of
Access Easement, " wherein they, as
"Grantors-Grantees, " granted access over an
"existing trail or roadway, " as follows:
A non-exclusive access easement over and across the
above-described lands on the existing trail or
roadway for ingress and egress to and from adjoining
properties owned by the respective Grantors/Grantees for
the purpose of conducting farming and ranching operations and
activities, together with the right to repair and
maintain the same in the condition it now exists at each
party's own respective cost and expense, and to provide
access to the parties hereto along this existing trail
running from N1/2S1/2, Sec. 33-6S-22E, M.P.M., to the county
road running along the South side of Sec. 9-7S-22E, M.P.M.
Circle is the successor-in-interest to the properties
previously owned by John Papez and James and Phillis Hoskin
(Papez Property). Jerde is successor-in-interest to the
property previously owned by Lorraine Lindblad (Jerde Record
Property). Jerde also purports to be an unrecorded contract
purchaser of other real property abutting the Jerde Record
Property (Jerde Contract Property). The Papez Property and
the Jerde Record Property are burdened and benefitted,
respectively, by the easement. The Jerde Contract Property
was not owned by any party to the access easement at the time
of execution in 1988.
In 2009, Jerde moved a fifth-wheel trailer onto the Jerde
Record Property and began using it as a residence. She also
constructed a shed and kept horses on the property. When the
trail/roadway became difficult to use, Jerde departed from
the road and traveled across other land owned by ...