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EASTGATE VILLAGE WATER AND SEWER ASS'N v. DAVIS

No. DA 06-0197.

183 P.3d 873 (2008)

2008 MT 141

EASTGATE VILLAGE WATER AND SEWER ASSOCIATION, a Montana corporation, Plaintiff and Appellee, v. Joseph G. DAVIS and Gloria J. Davis, individually and as husband and wife, Defendants and Appellants.

Supreme Court of Montana.

Decided April 22, 2008.

Attorney(s) appearing for the Case

For Appellants: Oliver H. Goe, Trevor L. Uffelman, Browning Kaleczyc, Berry & Hoven, P.C., Helena, Montana.

For Appellee: Frank C. Crowley, Abigail J. St. Lawrence, Doney Crowley Bloomquist Payne Uda, P.C., Helena, Montana.

Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Joseph and Gloria Davis (the Davises) appeal a Judgment of the District Court for the First Judicial District, Lewis and Clark County, ordering them to physically abandon the unauthorized well on their property and enjoining them from drilling any other wells until such time as the rules of the Eastgate Village Water and Sewer Association (the Association) may be changed to allow private wells. The...

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