Fox v. BHCC II, Inc.

The Supreme Court affirmed the judgment of the district court ruling that while Herman Fox had existing and historical ditch and water rights across Billings Hotel & Convention Center’s (BHCC) property, as well as an established secondary easement, BHCC was not unreasonably infringing on Fox’s easement rights. The court held that the district court (1) did not err when it determined that BHCC did not unreasonably interfere with Fox’s secondary ditch easement by planting and maintaining trees and shrubs along the ditch; (2) did not err by imposing a duty on BHCC to clean and maintain the ditch located on its property; and (3) did not err by awarding BHCC reasonable attorney’s fees and costs. View "Fox v. BHCC II, Inc." on Justia Law