STATE IRR. DIST. v. JUDICIAL DIST. COURT

No. 94-411.

894 P.2d 943 (1995)

STATE ex rel. HARLEM IRRIGATION DISTRICT, Matt McCANN, Ralph Snide and Knute Kulbeck, Relators, v. MONTANA SEVENTEENTH JUDICIAL DISTRICT COURT, Blaine County, and the Honorable John McKeon, Presiding Judge, Respondents, and Clinton Love and Rose Mary Love, Plaintiffs and Respondents.

Supreme Court of Montana.

Decided May 4, 1995.

Rehearing Denied May 25, 1995.


Attorney(s) appearing for the Case

Robert D. Morrison, Morrison Law Firm, Whitefish, for relators.

David L. Irving, Glasgow, for respondent.


TRIEWEILER, Justice.

The plaintiffs, Clinton Love and Rose Mary Love, filed an amended complaint in the District Court for the Seventeenth Judicial District in Blaine County in which they alleged several claims against the defendants, the Harlem Irrigation District and its commissioners, based on the District's refusal to provide water to the Loves. Pursuant to Rule 12(c), M.R.Civ.P., the District moved for judgment on the pleadings, based in part on the doctrine...

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