MONTANA POWER CO. v. CREMER

No. 14672.

596 P.2d 483 (1979)

The MONTANA POWER COMPANY, A Montana Corporation, Plaintiff and Appellant, v. Leo CREMER, Jr., et al., Defendants and Respondents.

Supreme Court of Montana.

Decided June 22, 1979.

Dissenting Opinion June 29, 1979.


Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Lon T. Holden (argued), Great Falls, for plaintiff and appellant.

Graybill, Ostrem, Warner & Crotty, Gregory Warner (argued), Great Falls, William R. Morse, Absarokee, for defendants and respondents.

Donald D. MacIntyre (argued), Helena, amicus curiae.


DALY, Justice.

This is an appeal by the Montana Power Company (MPC) from a judgment of the District Court of the Sixth Judicial District, sitting in Sweet Grass County, dismissing an eminent domain proceeding for lack of jurisdiction.

MPC brought a condemnation action to acquire a permanent easement across a strip of respondents' land for the construction of a six-inch gas transmission pipeline which in total would extend 38.3 miles from MPC's pipelines near...

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