Mack v. Anderson

The Macks and the Andersons owned adjacent properties. When the Macks discovered that a dam existed on the Mack Ditch, which crossed the Andersons’ property to the Mack property, that diverted water to a pond on the Anderson’s property, the Macks filed a complaint against the Andersons alleging violations of Mont. Code Ann. 70-17-112 and seeking a temporary restraining order (TRO) and preliminary injunction. The district judge issued a TRO restraining the Andersons from interfering with the Macks’ access to the ditch. The parties entered into a stipulation that the TRO should remain in effect until further court order. The district court later found that the Macks were entitled to the preliminary injunction. The Supreme Court affirmed, holding that the district court made proper findings and clearly reserved final adjudication on the merits in the order and did not abuse its discretion in the preliminary injunction determination. View "Mack v. Anderson" on Justia Law