City of Missoula v. Mountain Water Co.

Justice Ingrid Gustafson delivered the Opinion of the Court.

***69¶ 1 Defendant Carlyle Infrastructure Partners, LP (Carlyle) appeals from findings of fact, conclusions of law, and an order regarding Carlyle's second claim for litigation expenses filed October 20, 2017, in the Fourth Judicial District Court, Missoula County. We reverse.

¶ 2 The issue on appeal is:

Whether the District Court erred in awarding Carlyle fees from its second attorney fee request?

FACTUAL AND PROCEDURAL BACKGROUND

¶ 3 This is yet another appeal from the proceeding initiated by the City of Missoula (City) to condemn via…