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GIESE v. BLIXRUD

No. DA 11-0626.

285 P.3d 458 (2012)

2012 MT 170

365 Mont. 548

Monte GIESE, Steven Kelly, and William Reichelt, Petitioners and Appellants, v. Leonard BLIXRUD and Ben Hoge in their capacities as Water Commissioner for the decree in Perry v. Beattie, Cause No. 371, Mont. Ninth Judicial District Court; and John Does 1 through 5, Respondents and Appellees.

Supreme Court of Montana.

Decided August 10, 2012.

Attorney(s) appearing for the Case

For Appellants: Stephen R. Brown (argued); Elena J. Zlatnik ; Garlington, Lohn & Robinson, PLLP, Missoula, Montana (for Monte Giese, Steven Kelly and William Reichelt).

For Appellees: John E. Bloomquist (argued); Abigail J. St. Lawrence ; Rachel A. Kinkie ; Doney, Crowley, Payne, Bloomquist, P.C., Helena, Montana (for Eldorado Cooperative Canal Company and Teton Cooperative Canal Company), Michael J.L. Cusick , Moore, O'Connell & Refling, P.C., Bozeman, Montana (for Patrick Saylor, Farmers Cooperative Canal Company, and Ottis and Sylvia Bryan), David Weaver ; Nash, Zimmer, Weaver & Grigsby, PLLC, Bozeman, Montana (for John E. Peebles and William S. Peebles).

Chief Justice MIKE McGRATH delivered the Opinion of the Court.

¶ 1 Monte Giese, Steven Kelly and William Reichelt appeal from the District Court's order dismissing their Second Amended Petition and their Third Amended Petition and Request for Certification to the Water Court and Injunctive Relief. We restate the issue on appeal as whether the District Court erred in dismissing Appellants' request for certification to the Chief Water Judge pursuant to § 85...

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