No. 88-148.

771 P.2d 103 (1989)

The CITY OF MISSOULA, a Montana Municipal Corporation, Plaintiff and Appellant, v. MOUNTAIN WATER CO, a Montana Corporation, Defendant and Respondent, Warren A. Bache, LaMarr Baldwin, Jacqueline D. Beck, Linda D. Dunn, Dennis L. Falk, Sharon R. Fraser, Gary L. Frey, Georgette Gerlack, Shirley S. Guy, Bradley E. Hafar, Diane R. Hamilton, Arvid M. Hiller, M. Susan Hunt, Jerry E. Kirkpatrick, Gerald L. Lukasik, Louis F. McConaughey, Edmond L. Magone, Gary M. Mitchell, Ray W. Mitchell, Richard A. Morse, Michael L. Ogle, Susan L. Ori, Timothy J. Schwenk, Julie K. Stanley, Robert B. Ward and Bonita L. Wilder, Intervenors and Respondents.

Supreme Court of Montana.

Decided March 23, 1989.

Attorney(s) appearing for the Case

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

William Evan Jones and Sherman V. Lohn, Garlington, Lohn & Robinson, Missoula, for defendant and respondent.

William H. Coldiron, Helena, for intervenors and respondents.

Dan Caderberg, Missoula, for amicus curiae.

SHEEHY, Justice.

The City of Missoula appeals from a judgment entered January 19, 1988, against the City in which the District Court, Fourth Judicial District, Missoula County, determined that the City had failed to meet its burden of proving by the preponderance of the evidence that it is necessary that the City operate the water system now owned by Mountain Water Company, and that "it is more necessary that the City take over" the Mountain Water Company operation...

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