Title and Citation:
Slauson v. Bertelsen
Case No. DAM-00 1 8
1N THE SLIPREME COURT OF THE STATE OF MONTANA
Facts:
A pie shaped piece of land located at Lot 1 Block 3, of Howard Acres is a parcel of land lying south of Libby, Montana, through which U.S. Highway No. 2 passes originally owned by Alma Edwards’ predecessor who granted an easement to the county for a road. This road was then abandoned. Alma Edwards when approached by Slauson concurrently signed over the above mentioned land with a Grant Deed to Slauson, who in turn is suing Bertelsen for encroaching on his (Slauson’s) property. So found by Judge Prezeau.
Issues:
1. Did Slauson have a legal right to sue over the above mentioned land?
2. Does Bertelsen owe anything to Slauson for problems of encroachment?
Decision and Reasoning:
“ISSUE NO. 1
DID SLAUSON HAVE A LEGAL RIGHT TO SUE OVER THE ABOVE MENTIONED LAND?”
In the Court's Findings of Fact the Court found,
". . . to make an unusual situation even more so, the deed by
which Edwards transitioned the property to Slauson makes no
reference to the property encompassed within the
abandoned county roadway, and it is this portion of the pie shaped
sliver on which nearly all of Amerigas' encroachments
are located.” “Findings of Fact No. 6, page 3: lines 20.5 - 23.”
ISSUE NO. 2
DOES BERTELSON OWE ANYTHING TO SLAUSON FOR PROBLEMS OF ENCROACHMENT?
“A reading of the transcript is clear from the testimony of Bertelsen
and from the testimony of Dennis Woody, a former manager of Amerigas
and a witness called by Slauson, that all of the alleged "encroachments"
were placed upon the premises by Amerigas and that Bertelsen ...