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IN RE EAST BENCH IRR. DIST.

No. DA 08-0205.

207 P.3d 1097 (2009)

2009 MT 135

350 Mont. 309

In the Matter of the Formation of EAST BENCH IRRIGATION DISTRICT.

Supreme Court of Montana.

Decided April 21, 2009.

Attorney(s) appearing for the Case

For Appellant: Michael J.L. Cusick, Moore, O'Connell & Refling, Bozeman, Montana, Hertha L. Lund and Jason A. Delmue, Wittich Law Firm, Bozeman, Montana.

For Appellee: Jean Bergeson and Andrew P. Suenram, Erb & Suenram, Dillon, Montana, John E. Bloomquist and Patti L. Rowland, Doney, Crowley, Bloomquist, Payne & Uda, Helena, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Open A Ranch, Inc. (Open A) appeals from two orders of the Fifth Judicial District, Madison County. The District Court granted Scott D. Hagedorn, Dawn M. Hagedorn, Imperial Ranches, Inc., Thomas R. Hughes, and Walsh W-Bar Ranch, Inc. (collectively Petitioners) summary judgment on their petition to extend the East Bench Irrigation District (EBID) boundaries. The District Court also denied Open A's motion...

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