Mountain Water Company v. Montana Department of Public Service Regulation Montana Public Service Commission

TANG, Circuit Judge:

Mountain Water Company (“Mountain Water”) appeals summary judgment for the Montana Department of Public Service Regulation and the Montana Public Service Commission in Mountain Water’s action for a declaratory judgment that Mont.Code Ann. § 69-4-511 (1989) is unconstitutional under the fourteenth and fifth amendments. The statute at issue requires privately — but not publicly-owned Montana water utilities to reimburse their customers for certain costs of repair of customers’ individually-owned water service lines. We affirm the district court’s judgment that the statute is…