Montana Supreme Court December 27, 1978, 14067 (Luoma v. Donohoe)

MR. JUSTICE HARRISON

delivered the opinion of the Court.

This is an appeal by defendant Donohoe from the District Court’s denial of a motion for summary judgment.

On August 3, 1973, plaintiffs Luoma filed a complaint seeking an injunction and damages. Defendant answered and counterclaimed on October 5, 1973, seeking a decree granting him an easement and damages. Trial before the Honorable A. B.