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GEIL v. MISSOULA IRR. DIST.

No. 01-364.

59 P.3d 398 (2002)

2002 MT 269

Raymond M. GEIL and Helen E. Geil-Hoeg, Petitioners and Respondents, v. MISSOULA IRRIGATION DISTRICT, Respondent and Appellant.

Supreme Court of Montana.

Decided November 26, 2002.

Attorney(s) appearing for the Case

Richard D. Buley, Tipp & Buley, Missoula, Montana, for Appellant.

Helen Geil-Hoeg, pro se, Missoula, Montana (No appearance), for Respondent.

Honorable Mike McGrath, Attorney General; Candace F. West, Assistant Attorney General, Helena, Montana, Jim Nugent, City Attorney; Susan A. Firth, Deputy City Attorney, Missoula, Montana (Missoula Housing Authority), Patrick G. Frank, Worden, Thane & Haines, Attorneys at Law, Missoula, Montana (Clapp), John R. Gordon, Reep, Spoon & Gordon, Missoula, Montana (RSG Holdings), James A. Aiken, Jardine, Stephenson, Blewett & Weaver, Great Falls, Montana (Aiken & Clayton), for Amici Curiae.

Justice W. WILLIAM LEAPHART delivered the Opinion of the Court.

¶ 1 The Missoula Irrigation District (MID) appeals from the Fourth Judicial District Court's final order excluding Helen Geil-Hoeg's property from the MID. We affirm.

¶ 2 We re-state the issues on appeal as follows:

¶ 3 (1) Does the MID have standing to challenge the constitutionality of §§ 85-7-1802(2) and 85-7-1846, MCA (1997)?

¶ 4 (2) Does Senate...

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