Montana Third Judicial District Court, Deer Lodge County - Judge Ray Dayton


Although PLWA was not a party to this action, the results were extremely favorable to the cause.

It involved closure of a road leading to private property of the Schillo's , other parties, and the national forest. The plaintiffs made the case that the road had been in existence since 1869, and that they and other parties had used the road without permission since the 1800's. The uses included, logging, stock movement, and hunting.

The court found that clear and convincing evidence had been presented to prove a prescriptive easement existed on the road through "open, notorious, exclusive, adverse, continuous and uninterrupted" during the 5 year statutory period." (These are the esoteric and arcane legal tests of a prescriptive easement. ) The court examined testimony proving public use from the late 1800's up through the time when the Lampert's locked the gate.

It further ordered that scope of access included agricultural purposes, cattle ranching, logging, hunting and recreational purposes.

The inclusion of "HUNTING AND RECREATIONAL PURPOSES " is very significant. Some prior cases have denied recreational purposes as basis for a prescriptive easement.

The ruling was made on March 16, 2009 and upheld by the Montana Supreme Court in January of 2010.