Stokes v. State ex rel. Montana Department of Transportation

Summary

The Montana Supreme Court affirmed summary judgment for the State in a tortious-interference action arising from a dispute over the scope of Stokes's easement. The court held that Stokes could not claim interference with a nonexistent right to expand the easement and failed to show that the State's conduct was improper.

Holdings

1. A plaintiff claiming tortious interference with an easement must establish that the defendant's acts actually interfered with an existing easement or other protected property right. Stokes could not establish interference with a right to expand the radio facility because the easement never included such a right.
2. A plaintiff asserting tortious interference with contractual relations must show that the defendant's acts were improper. The State's offer to pay more for a right-of-way shown to be free of easements and Rebeck's advice that the landowner consult an attorney were not improper as a matter of law on this record.
3. Summary judgment was proper because no genuine issue of material fact existed regarding the alleged tortious interference and the State was entitled to judgment as a matter of law.

Questions Presented

1. Whether the District Court properly granted summary judgment because Stokes failed to establish interference with an existing easement right.
2. Whether the State's conduct in offering additional compensation for a right-of-way free of easements and advising the landowner to consult counsel was improper for purposes of a tortious-interference claim.

Disposition

affirmed