Missoula v. Mountain Water Co.

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The Supreme Court reversed the findings of fact, conclusions of law, and order regarding Defendant’s second claim for litigation expenses in this condemnation litigation, holding that the district court erred in awarding Defendant litigation fees it incurred after the sale of its property had been completed and it lacked any interest in the property. The City of Missoula initiated this proceeding to condemn via eminent domain the water system serving the company, previously owned by a water company and Defendant, the upstream holding company. The district court ultimately issued an order awarding fees and expenses to Defendant. Thereafter, Defendant sold all of its interest in the property. Defendant then filed a second claim for litigation expenses incurred after the sale. The district court awarded Defendant a portion of its claimed expenses. The Supreme Court reversed, holding that Defendant was not entitled to recover its litigation expenses because it was not an owner or condemnee upon sale of its interest in the water system. View "Missoula v. Mountain Water Co." on Justia Law