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TAGS Realty, LLC v. Runkle

TAGS Realty, LLC v. Runkle, 2015 MT 166 (June 23, 2015) (Wheat, J.) (5-0, rev’d)

Issue: Whether the district court erred in granting summary judgment to Runkle on TAGS’s trespass and conversion claims.

Short Answer: Yes.

Reversed and remanded

Facts: Runkle and TAGS are the locators of several adjacent and overlapping mining claims in Broadwater County. Runkle purchased a patented lode claim, Black Friday, in 2009. TAGS located an unpatented lode claim next to Black Friday in 2010. In 2011, Runkle bought an unpatented placer claim that overlapped both TAGS’s claim and Black Friday. This case involves a pile of mining waste located on both Runkle’s and TAGS’s claims, which overlapped the common border of TAGS’s claim and the Black Friday claim, and was entirely within Runkle’s placer claim.…