Legal Opinion

Gaudreau v. Clinton Irrigation District

Montana Supreme Court

Decided August 21, 2001No. 99-405PublishedCited by 5 opinions

1Opinion of the CourtChief Justice Gray

¶1 Jeanne Gaudreau (Gaudreau) and Jerry Montelius (Montelius) appeal from the Findings of Fact, Conclusions of Law and Judgment entered by the Fourth Judicial District Court, Missoula County, in favor of the Clinton Irrigation District (CID). We affirm.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the District Court err in determining the CID had no duty to prevent flood waters caused by ice jams on the Clark Fork River from entering and overflowing the CID’s irrigation system and damaging Gaudreau’s and Montelius’ property?

¶4 2. Did the District Court err in determining the CID…

2Cases cited12 opinions

  1. Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
  2. Limberhand v. Big Ditch Co.Montana Supreme Court · 1985
  3. Estate of Strever v. ClineMontana Supreme Court · 1996
  4. Mang v. EliassonMontana Supreme Court · 1969
  5. Frederick v. HaleMontana Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Oberson v. United StatesDistrict Court, D. Montana · 2004
  2. Oberson v. United States Department of Agriculture, Forest ServiceCourt of Appeals for the Ninth Circuit · 2006
  3. Cen-Dak v. MorrisMontana Supreme Court · 2003
  4. Lori Oberson, Legal Guardian for Brian Musselman, an Incapacitated Person Kimberlee Musselman, Individually and as the Natural Mother of Devon Musselman, a Minor, Plaintiffs-Appellees-Cross-Appellants v. United States Department of Agriculture, Forest Service, Defendant-Third-Party Plaintiff-Appellant-Cross-Appellee, and State of Montana, by and Through the Department of Fish, Wildlife and Parks West Yellowstone Chamber of Commerce, Defendants-Third-Party v. Jamie Louis Leinberger Patrick B. Kalahar Tim A. Johnson, Third-PartyCourt of Appeals for the Third Circuit · 2006
  5. Matter of D.D.V.Montana Supreme Court · 2003

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