ROE v. CORBIN WATER USERS' ASS'N.

No. 94-165.

885 P.2d 419 (1994)

Jeff and Nancy ROE, Plaintiffs and Appellants, v. CORBIN WATER USERS' ASSOCIATION, Defendant and Respondent.

Supreme Court of Montana.

Decided November 21, 1994.


Attorney(s) appearing for the Case

Linda J. Garofola, Reynolds, Motl, Sherwood and Wright, Helena, for appellants.

Harold H. Harrison, Harrison and Murphy, Helena, for respondent.


TRIEWEILER, Justice.

Appellants Jeff and Nancy Roe filed a complaint on July 29, 1992, and amended their complaint on March 3, 1993, in the Fifth Judicial District Court in Jefferson County, requesting permanent and temporary access to water from the Corbin Water System for both of their properties. On August 3, 1993, the District Court granted respondent Corbin Water User's Association's (CWUA), motion for summary judgment. The Roes appeal. We reverse.

The...

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