Hudson v. Irwin, 2018 MT 8 (Jan. 8, 2018) (McGrath, C.J.) (5-0, aff’d)
Issue: (1) Whether the district court erred in concluding Hudsons were not entitled to access an easement 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; and (3) whether the prevailing party award of attorney fees should be vacated.
Short Answer: (1) No; (2) yes; and (3) no.
Affirmed and remanded for determination of fees on appeal
Facts: Hudsons and Irwin own real property adjacent to one another. Before being subdivided by a previous owner, the properties were one parcel. A privately owned public airport is on the Irwin property.…