Algee v. Hren, 2016 MT 166 (July 12, 2016) (Shea, J.) (5-0, aff’d)
Issue: Whether the district court properly applied the doctrine of laches to bar all of Algee’s claims not already barred by statutes of limitation.
Short Answer: Yes.
Facts: Algee and Hrens own adjoining properties. Hren have an easement through Algee’s land, including a creek embankment. In August 2010, Hrens began to build a road on their easement to access their property. Algee filed a complaint with the Cascade Conservation District, and the CCD issued a stop work order. Hrens stopped work, changed their plans, and submitted them to the CCD, which further modified them before issuing a 210 permit to continue road construction. In September 2010, Algee received a letter informing him of the approved plan and the issued permit.…