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real property located in the upper Boulder River Valley in Sweet
Grass County, Montana.
By deed dated September 9, 1993, petitioner conveyed to MLR
an open-space easement in gross over the real property, including
in perpetuity the right to restrict subdivision of the real
property. Section V of the MLR easement specifically provided,
in relevant part, that the following uses of the property were
inconsistent with the easement:
A. Subdivision. The division, subdivision or de
facto subdivision of the Premises, except as provided
in Section III, paragraph H.[3]
* * * * * * *
C. Commercial facilities. The establishment of
any commercial or industrial facilities * * *
including, but not limited to, guest ranching, * * *
campground, trailer park * * *
* * * * * * *
F. Construction. The construction of any
structures except as otherwise provided in Section III,
paragraphs D or E.[4]
G. Roads. The construction of roads except in
connection with ranching and other agricultural uses;
fishing and other recreational uses; and, residential
access. Any road constructed for one or more of such
purposes shall be sited and maintained so as to
3Sec. III, par. H of the easement allows petitioner to
divide the real property into two parcels.
4Sec. III, pars. D and E allows petitioner to maintain and
repair the existing structures and to construct two additional
single-family residences, respectively. In 1994, petitioner
modified the MLR easement to allow the additional construction of
only one single-family residence.
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Last modified: May 25, 2011