EMINENT DOMAIN: Litigation fees incurred after sale of interest in condemned city water system improperly awarded. . . Townsend reversed. [Read more…]
Water system condemnation, expenses “incurred”
WATER SYSTEM CONDEMNATION: Facial constitutional challenge to §70-30-306 limitation to Property Owners’ “actually incurred” expenses and to reductions for inadequate bookkeeping & duplication properly rejected. . . as-applied challenge improperly rejected, remanded for discovery of City’s legal bills for context & comparison to Property Owners’ expenses. . . fees properly allowed for out-of-state attorneys. . . Townsend affirmed, reversed. [Read more…]
Condemnation, water system, post-summons interest
CONDEMNATION: Post-summons interest properly denied in City’s condemnation of private water system. . . Townsend affirmed. [Read more…]
Municipal water, condemnation, “more necessary”
MUNICIPAL WATER: Missoula proved that its contemplated use of a water system is “more necessary” than the current use as a privately owned for-profit enterprise, preliminary condemnation order affirmed… Townsend affirmed. [Read more…]
Municipal water, preliminary condemnation order
MUNICIPAL WATER: Preliminary condemnation order issued allowing Missoula’s condemnation of private water system to proceed… Townsend. [Read more…]