City of Missoula v. Mountain Water Co.

This is an eminent domain proceeding for the acquisition of defendant’s water distribution business. The Fourth Judicial District Court, Missoula County, held that the City of Missoula (City) failed to prove by a preponderance of the evidence that its acquisition of the business through eminent domain was necessary. The City appealed. We affirm in part, reverse in part, and remand for reconsideration.

The issue appealed is whether the trial court erred in determining what laws are applicable for establishing the City’s burden of proof and in weighing the evidence.

Mountain Water Company…