CITY OF MISSOULA v. MOUNTAIN WATER CO.

No. 86-548.

743 P.2d 590 (1987)

The CITY OF MISSOULA, a Montana Municipal Corporation, Plaintiff/Appellant, v. MOUNTAIN WATER COMPANY, a Montana Corporation, Defendant/Respondent, Warren A. Bache; La Marr Baldwin; Jacqueline D. Beck; Linda D. Dunn; Dennis L. Falk; Sharon R. Fraser; Gary L. Frey; Georgette Gerlach; et al., Intervenors/respondents.

Supreme Court of Montana.

Decided September 18, 1987.


Attorney(s) appearing for the Case

Mulroney, Delaney & Scott, Dexter L. Delaney, Jim Nugent, City Atty., Missoula, for plaintiff-appellant.

Garlington, Lohn & Robinson, Sherman V. Lohn and Susan P. Roy, Missoula, Gough, Shanahan, Johnson & Waterman, William Coldiron, Helena, for respondents.


WEBER, Justice.

This is an eminent domain proceeding for the acquisition of defendant's water distribution business. The Fourth Judicial District Court, Missoula County, held that the City of Missoula (City) failed to prove by a preponderance of the evidence that its acquisition of the business through eminent domain was necessary. The City appealed. We affirm in part, reverse in part, and remand for reconsideration.

The issue appealed is whether the trial...

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