Montana Supreme Court rules for Legion in dispute with Knudsen family

Phil Drake

The Montana Supreme Court on Tuesday upheld a lower court decision sustaining an easement to a 40-acre park in Culbertson, but reversed a court ruling as to how much in attorneys’ fees the Knudsen Family Limited Partnership would have to pay.

The ruling by Justice Jeremiah Shea found the court abused its discretion in granting attorneys’ fees to the Thomas Mann Post No. 81 of the American Legion without holding an evidentiary hearing and ordered such a hearing to be held.

“The District Court did not err by determining that the undisputed facts establish the scope of the easement to provide ingress and egress to the Legion Park Parcel to Legion, its invitees, and the public,” Shea wrote. “KFLP (Knudsen Family Limited Partnership) has failed to provide any evidence that limits the scope of that easement — there is nothing in the record to support an intent of any other uses for the Access Road other than general access to Legion Park.”

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