Sutherland

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 21 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUGH SUTHERLAND; KIM D. No. 24-7579 SUTHERLAND, D.C. No. 9:23-cv-00130-DLC Plaintiff-ctr-defendants - Appellants,

MEMORANDUM*

v.

PAUL J. WATTERWORTH, as Trustee of the Paul J. Watterworth Revocable Trust,

Defendant-ctr-claimant - Appellee.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted November 4, 2025 Portland, Oregon

Before: M. SMITH, NGUYEN, and H.A. THOMAS, Circuit Judges.

The parties to this appeal dispute the existence of an easement. Plaintiffs Hugh

and Kim D. Sutherland and Defendant Paul J. Watterworth, as trustee of the Paul J.

Watterworth Revocable Trust, own adjacent properties in Montana. A road called

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. “Mine Road,” over which Watterworth claims an easement, starts in the Sutherlands’

property, cuts…