Did the District Court err in concluding Brimstone established a prescriptive easement over the Glaus property?
3. Did the District Court err in concluding Brimstone’s easement was not extinguished by reverse adverse possession? 4. Did the District Court err in concluding Brimstone made no enforceable oral agreement to dismiss this case? 5. Did the District Court err in awarding damages to Brimstone? I. FACTUAL AND PROCEDURAL BACKGROUND This case concerns Brimstone’s access to a gold and silver mine it owns near Whitehall, Montana known as the Mayflower Mine (Mine). 1 According to a news story in the Butte Daily Inter Mountain published on December 21, 1900, and reprinted in the Whitehall Ledger in January, 1994, the Mine was established in 1896 when Charles Pruett and his partners discovered gold ore. Soon after, William A. Clark, a noted Butte mining figure, purchased the Mine. Due to the richness of the ore deposit, a mining camp developed with two hotels, a store, a bar, a school, and homes. In order to transport the ore to the nearest railroad siding [*3] at Renova south of Whitehall, the o
