BAGNELL v. LEMERY

No. 81-413.

657 P.2d 608 (1983)

Colleen N. BAGNELL, Plaintiff and Appellant, v. Charles J. LEMERY, Daniel Lemery et al., Defendants and Respondents.

Supreme Court of Montana.

Decided January 27, 1983.


Attorney(s) appearing for the Case

Morales, Volinkaty & Harr, Missoula, for plaintiff and appellant.

Turnage & McNeil, Polson, for defendants and respondents.


HARRISON, Justice.

Plaintiff/appellant initiated this action seeking to enjoin defendant/respondent from interfering with the water flow in Ashley Creek in Lake County, Montana, and to adjudicate the water rights of the parties. The District Court of the Fourth Judicial District in and for the County of Lake, found defendants to have a senior water right of 178 acre feet per year and a priority date of 1917 and plaintiff...

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