WATER RIGHTS from diversion flume correctly determined in accordance with some of Master Ritter’s findings, contrary to some findings… McElyea affirmed. [Read more…]
Easement/water, bottling facility, subdivided
EASEMENT/WATER: Express/implied easements between spring and water bottling facility on subdivided ranch properly determined… jurisdiction over water rights issues properly deferred to Water Court… attorney fees improperly awarded under ditch interference statute… Tucker affirmed, reversed (IOR I-3(d)). [Read more…]
Municipal water right, abandonment
ABANDONMENT: Master erred in concluding that Helena abandoned part of its rights, Helena provided evidence of non-abandonment pursuant to 1999 amendments giving special treatment to [Read more…]
Prescriptive easement, destroyed road
PRESCRIPTIVE EASEMENT properly found over destroyed road, Defendant ordered to restore it… Cybulski affirmed (IOR I-3(d)). [Read more…]
Public prescriptive easement, burned bridge
PUBLIC PRESCRIPTIVE EASEMENT not limited to bridge destroyed by wildfire, includes replacement bridge in place at time of prior MSC decision which became law of case… Swandal reversed. [Read more…]
Elections, contribution limits, stay
ELECTIONS: Stay pending appeal granted as to Lovell’s ruling that contribution limits by individuals and political committees to candidates unconstitutional. [Read more…]
Elections, Montana contribution limits
ELECTIONS: Montana limits on contributions by individuals and political committees to candidates unconstitutional under 1st Amendment… permanent injunction following bench trial on expedited schedule and [Read more…]
Elections, contribution limits
ELECTIONS: Montana limits on contributions that individuals and political committees may make to candidates unconstitutional under 1st Amendment… permanent injunction following bench trial on expedited [Read more…]
Water, Teton River/creek seepage connectivity
WATER: Declaratory ruling on hydrological connectivity between river and creek charged by seepage improperly denied… McKinnon reversed. [Read more…]
Water, Teton River diversion
WATER: Certification to Water Court, injunctive relief, in challenge to Commissioner’s diversion of Teton River improperly denied… McKinnon reversed. [Read more…]