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CONNER v. CITY OF DILLON

No. DA 11-0483.

270 P.3d 75 (2012)

2012 MT 21

Justin and Susan CONNER, Plaintiffs and Appellants, v. CITY OF DILLON, Defendant and Appellee.

Supreme Court of Montana.

Decided February 1, 2012.

Attorney(s) appearing for the Case

For Appellants: Francis P. (Frank) McGee , Attorney at Law; Butte, Montana.

For Appellee: W.G. Gilbert, III , Dillon City Attorney; Dillon, Montana.

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Justin and Susan Conner appeal from the District Court's July 25, 2011 order granting summary judgment in favor of the City of Dillon and dismissing the action with prejudice. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶ 2 The City of Dillon owns a water main line that diverts water from Rattlesnake Creek, as it has done since the early 1900s. At the time of this action...

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