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RSG HOLDINGS v. MISSOULA IRRIGATION DIST.

No. 03-634.

96 P.3d 1131 (2004)

2004 MT 214

322 Mont. 369

RSG HOLDINGS, Petitioner and Respondent, v. MISSOULA IRRIGATION DISTRICT, Respondent and Appellant.

Supreme Court of Montana.

Decided August 17, 2004.

Attorney(s) appearing for the Case

For Appellant: Richard R. Buley, Tipp & Buley, Missoula, Montana.

For Respondent: John R. Gordon, Spoon, Gordon & McHugh, P.C., Missoula, Montana.

Justice JIM REGNIER delivered the Opinion of the Court.

¶ 1 The Missoula Irrigation District (MID) appeals from the Notice of Entry of a Decree Granting Exclusion from the MID for numerous Petitioners entered by the Fourth Judicial District Court. We affirm in part and reverse in part. MID raises the following issues on appeal:

¶ 2 1. Did the District Court deny MID due process by making findings of fact without hearing and without evidence in the...

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