Legal Opinion

State Ex Rel. Public Service Commission v. District Court

Montana Supreme Court

Decided November 15, 1938No. 7,858PublishedCited by 2 opinions

1Opinion of the CourtChief Justice Goddard

This is an original proceeding on an alternative writ of supervisory control wherein the relators seek to have annulled and set aside a writ of prohibition issued by the district court of Lewis and Clark county, which prohibited the Public Service Commission from assuming jurisdiction in a controversy between certain resident farmers in Gallatin county and the Montana Power Company, which owns and operates two dams on the Madison River for the purpose of generating electricity for public use.

In the complaint filed with the commission, the farmers alleged that they owned lands irrigable from…

2Cited by2 opinions

  1. State Ex Rel. Morales v. CITY COM'N, ETC.Montana Supreme Court · 1977
  2. Schuster v. Northwestern Energy Co.Montana Supreme Court · 2013

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