City of Missoula v. Mountain Water Co.

The City of Missoula appeals from a judgment entered January 19, 1988, against the City in which the District Court, Fourth Judicial District, Missoula County, determined that the City had failed to meet its burden of proving by the preponderance of the evidence that it is necessary that the City operate the water system now owned by Mountain Water Company, and that “it is more necessary that the City take over” the Mountain Water Company operation. We affirm the District Court.

The underlying action is an eminent domain proceeding commenced by the City of Missoula to acquire by condemnation…