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MONTANA POWER CO. v. FONDREN

Nos. 86-373, 86-374.

737 P.2d 1138 (1987)

The MONTANA POWER COMPANY, Plaintiff-Respondent, v. Ellanor FONDREN and Sharon Cochran, Defendants, Counter-Claimants and Third-Party Complainants-Appellants, v. DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION, Third-Party Defendant-Respondent. The MONTANA POWER COMPANY, Plaintiff-Respondent, v. Lillian M. KEZER; Farmers Home Administration; and Park County, A Political Subdivision of the State of Montana, Defendants-Appellants.

Supreme Court of Montana.

Decided May 12, 1987.

Attorney(s) appearing for the Case

Knuchel & McGregor, Karl Knuchel, Jon Hesse, argued, Livingston, Moore, Rice, O'Connell & Refling, Robert J. Rice, Bozeman, for defendants, counter-claimants and third-party complainants-appellants.

Corette, Smith, Pohlman & Allen, Gregory C. Black and Marshall Mickelson, argued, Butte, Donald D. MacIntyre, argued, Dept. of Natural Resources, Helena, Robert J. Brooks, Asst. U.S. Atty., Butte, for plaintiff-respondent.

SHEEHY, Justice.

Landowners Fondren, Cochran and Kezer appeal the order of the District Court, Sixth Judicial District, Park County, which found the District Court had no jurisdiction to determine the existence of public necessity with respect to a proposed electric transmission line under the provisions of the Utility Siting Act of 1973 or the Montana Major Facility Siting Act of 1975, Title 75, Chapter 20, MCA. We affirm for the reasons set forth below.

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