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MOUNTAIN WATER v. MONTANA DEPT. OF REVENUE

DA 19-0262.

469 P.3d 136 (2020)

2020 MT 194

MOUNTAIN WATER COMPANY, Plaintiff and Appellant, v. MONTANA DEPARTMENT OF REVENUE, Defendant and Appellee, and City of Missoula, a Montana municipal corporation, Intervenor, Appellee and Cross-Appellant, and Missoula County, Intervenor, Appellee and Cross-Appellant.

Supreme Court of Montana.

Decided: August 4, 2020.

Attorney(s) appearing for the Case

For Appellant: Dale Schowengerdt , Michael W. Green , D. Wiley Barker , Crowley Fleck PLLP, Helena, Montana.

For Appellee: Daniel J. Whyte , David Burleigh , Special Assistant Attorneys General, Montana Department of Revenue, Legal Services Office, Helena, Montana.

For Intervenor and Appellee City of Missoula: Scott M. Stearns , Natasha Prinzing Jones , Randy J. Tanner , Boone Karlberg P.C., Missoula, Montana.

For Intervenor and Appellee Missoula County: Matt Jennings , Deputy County Attorney, Kirsten H. Pabst , Missoula County Attorney, Missoula, Montana.

¶1 Mountain Water Company (Mountain Water) appeals the summary judgment of the Fourth Judicial District Court, Missoula County, ruling that the equitable doctrine of unjust enrichment precludes its claim under § 70-30-315, MCA, for a general property tax refund pursuant to §...

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