Ash v. Merlette

The district court correctly concluded that Plaintiff owned certain disputed land bordering her property between the high- and low-water marks of Parker Lake, a small lake located in Flathead County, Montana.After Defendants pounded metal fence posts along the high-water mark bordering Plaintiff’s property Plaintiff filed this lawsuit asserting claims for declaratory judgment and in tort based on alleged trespass and nuisance. Plaintiff later filed an amended complaint adding counts of intentional interference with her contractual relationship with her realtors and slander of title. The district court granted summary judgment that Plaintiff owned the land between the high- and low-water marks of Parker Lake bordering Plaintiff’s property. The Supreme Court affirmed, holding that the district court properly granted summary judgment declaring that Plaintiff owned the disputed land between the high- and low-water marks. View "Ash v. Merlette" on Justia Law