Posted on

Legion Park News, Cybulski Rules

American Legion Thomas Mann Post No. 81 and the Town of Culbertson are one step closer to gaining public access to Legion Park in Culbertson. In a ruling filed Sept. 7, Judge David J, Cybulski in Wolf Point found that the motion for summary judgment from the legion and town were upheld and a counterclaim by the Knudsen family was denied.

Said the ruling, “There are no genuine issues as to any material fact and Plaintiff American Legion is entitled as a matter of law to summary judgment against KFLP on American Legion’s Complaint and on said Defendant’s Counterclaim, and, for the same reasons, KFLP’s Motion for Summary Judgment against Plaintiff Town of Culbertson should be denied.”

The judgment goes on to declare that the legion is entitled to an award of its taxable costs and attorney’s fees and determines that access to Legion Park should be opened.

“This Court determines [...] that the American Legion’s Park Parcel enjoys, and benefits from, a perpetual, non-exclusive easement appurtenant thereto, through and over the real property of Defendant KFLP as the servient tenement, on the pathway described [...], that the Legion, its members, their family members, guests, invitees and the public at large, enjoy a right of unrestricted use of said easement for ingress and egress to the Legion’s Park Parcel.”

Access to the park has been blocked for years by the Knudsen Family Limited Partnership, who have prevented use by scouting groups and the public. Miles and Rhonda Knudsen are listed as registered agents for the partnership. The town and legion filed the lawsuit in 2016.

Culbertson’s Peter A. Olson told the Community News that KFLP has 30 days to appeal beginning Sept. 7.

“At this time, I don’t know if they have filed or not,” said Olson. “We’re up in the air.”

Leave a Reply

Your email address will not be published. Required fields are marked *

LATEST NEWS