RAUSER v. TOSTON IRR. DIST.

No. 13243.

565 P.2d 632 (1977)

George RAUSER and Phyllis A. Rauser, husband and wife, Plaintiffs and Respondents, v. The TOSTON IRRIGATION DISTRICT, Maurice L. Hunsaker, Frank J. Slifka, and Samuel F. Kirskey, the members of the Board of Commissioners of said Toston Irrigation District, Defendants and Appellants.

Supreme Court of Montana.

Decided June 6, 1977.

Rehearing Denied June 30, 1977.


Attorney(s) appearing for the Case

Corette, Smith & Dean, Kendrick Smith (argued), Gerald R. Allen (argued), Butte, for defendants and appellants.

Harrison, Loendorf & Poston, James T. Harrison, Jr. (argued), Helena, for plaintiffs and respondents.

Thomas A. Olson, Alvin E. Bielefeld (argued), Billings, for amicus curiae.


HARRISON, Justice.

George Rauser and Phyllis Rauser, husband and wife, brought this action in the district court, Broadwater County, against the Toston Irrigation District and members of the Board of Commissioners of that District. The complaint alleged a portion of Rausers' land was taken without compensation, and construction of the irrigation project with resultant seepage caused water to stand stagnant on approximately...

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