MISSOULA – The Alexander Blewett III School of Law at the University of Montana will host a Montana Supreme Court annual oral argument at 8:30 a.m. Friday, April 22, in the University Center Ballroom. Parking will be available on the top level of the UM parking garage free of charge for attendees.
The case to be presented is the City of Missoula, a Montana municipal corporation, Plaintiff and Appellee, v. Mountain Water Company, a Montana corporation, and Carlyle Infrastructure Partners, LP, a Delaware limited partnership, Defendants and Appellants.
The Fourth Judicial District Court has granted a preliminary order of condemnation allowing the City of Missoula to take over the Missoula water system now operated by Mountain Water Company. The court ruled that municipal ownership of the system is a “more necessary public use” than private ownership.
Although Mountain Water and its parent company raised several issues on appeal, the Court has limited oral argument to the question of whether the district court correctly applied the law as set forth in § 70-30-111, MCA, and City of Missoula v. Mountain Water Co., 228 Mont. 404, 743 P.2d 590 (1987).
An introduction to the case will be given by law Assistant Professor Martha Williams starting at 8:30 a.m. Williams teaches Introduction to Environmental Law, Wildlife Law, Property I, Public Land and Natural Resources Law, Climate Law and is co-director of the Land Use & Natural Resources Clinic at the law school.