Bevill Limited Partnership v. Gregory P. Sandberg

Summary

The Montana Supreme Court reviewed a summary judgment concerning the enforceability and effect of an easement agreement restricting use of an access road and development of adjacent property. The court held that the agreement limited use of the easement to occasional and limited vehicular access, but did not restrict development of property beyond the separately identified area subject to a development restriction. The court affirmed the District Court's order granting Bevill Limited Partnership summary judgment.

Holdings

1. Subpart (b) was a restriction on use of the easement for access, not a restriction on Bevill's right to develop the remainder of its property that was not restricted by subpart (a).
2. The District Court properly granted Bevill judgment as a matter of law because the material facts were undisputed and the agreement, properly construed, did not impose the development restriction asserted by Sandberg.

Questions Presented

1. Whether the agreement's subpart (b) restricted Bevill's use of the access easement after the access road became open to the public.
2. Whether subpart (b) restricted construction or development on the portion of Bevill's property not covered by the separate development restriction in subpart (a).
3. Whether the District Court properly granted Bevill summary judgment.

Disposition

affirmed