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KRUER v. THREE CREEKS RANCH OF WYOMING, L.L.C.

No. DA 07-0549.

194 P.3d 634 (2008)

2008 MT 315

346 Mont. 66

Curtis R. KRUER, and Stephanie G. Kruer, Plaintiffs and Appellees, v. THREE CREEKS RANCH OF WYOMING, L.L.C., Three Creeks Ranch, L.L.C., and Reid L. Rosenthal, Defendants, Counter-Claimants and Appellants, v. Curtis R. Kruer and Stephanie G. Kruer and Does 1-X, and all other persons, unknown, claiming or who might claim any right, title, real estate or interest in or lien or encumbrance upon the property described in the complaint adverse to Three Creeks Ranch of Wyoming, LLC, or Three Creeks Ranch LLC, ownership or any cloud upon plaintiff's title thereto whether such claim or possible claim be present or contingent, Counter-Claim Defendants and Appellees.

Supreme Court of Montana.

Decided September 9, 2008.

As Amended on Rehearing October 15, 2008.

Attorney(s) appearing for the Case

For Appellants: Quentin M. Rhoades, Valerie C. Grubich, Sullivan, Tabaracci & Rhoades, P.C., Missoula, Montana.

For Appellees: Gregory C. Black, Corette, Pohlman & Kebe, Butte, Montana.

Justice PATRICIA O. COTTER delivered the Opinion of the Court.

¶ 1 Three Creeks Ranch, LLC (Three Creeks) appeals the ruling of the Fifth Judicial District Court of Madison County awarding challenged water rights to Curtis and Stephanie Kruer (Kruers) and requiring Three Creeks to pay Kruers' attorney's fees and costs. We affirm.

ISSUES

¶ 2 A restatement of the issues on appeal is:

¶ 3 Did the District Court exceed its jurisdiction...

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