Sieben Ranch v. Adams

©NAL 08/03/2021 IN THE SUPRBME COURT OF THE STATE OF MONTANA Case Number: DA 20-0465 DA 20-0465 FILED SIEBEN RANCH COMPANY, AUG 0 3 2021 Bowen Greenwood Plaintiff and Appellee, Clerk of Supreme Court State nf Montana v. ORDER RANDALL G. ADAMS,a/k/a/ RANDY ADAMS, a/k/a/ RAY ADAMS;and LEE McDONALD, Defendants and Appellants. Appellee Sieben Ranch Company moves under M. R. App. P. 16 to amend non-dispositive statements about non-parties in Opinion No. 2021 MT 172 published on July 13, 2021, in the above referenced matter. Appellants oppose the motion. The Court referred to an "easemenr for the benefit of a non-party—the O'Connell family—over properties owned by the Sieben Ranch. Appellee states there is no such easement because the 0'Connells' use ofthe Sieben Ranch property and Lyons Creek Road in particular has always been permissive. The purported easement is mentioned three times, in ¶116, 16, and 19. Amending the statements in these paragraphs does not affect the disposition ofthe case or in any way alter the relationship of the parties to this case, it simply amends the opinion to reflect the undisputed facts in the record. We will therefore issue an Amended Opinion with the following revisions to IN 6, 16, and 19: 6 Sieben Ranch, however,granted an easement permission to the 0'Connells to use Lyons Creek Road north ofthe gate; permission to install their own lock on the gate; and requested the 0'Connells provide it with a list ofkey holders. In May 2018, the O'Connells granted their successor, Brian O'Connell, and his successors and assigns, the an easement they had obtained from Sieben Ranch for use ofLyons Creek Road: ¶ 16 Ranch. 1119 Lyons Creek Road is a public road up to Sieben Ranch's gate located at the northwest corner of Section 19 of Township 14 North, Range 4 West, from which point it becomes a private road subject to the Conservation Easement and-the-read-easement-reserved by the O'Connells. THEREFORE, IT IS ORDERED that the Court's Opinion is amended at ¶116, 16, and 19 to reflect the undisputed facts in the record. An Amended Opinion is filed simultaneously with this Order. The Clerk is directed to provide copies of this Order to all parties and the presiding judge. \2) DATED this --d-ay of August, 2021. ALLyi JUL 2