Conner v. City of Dillon

¶1 Justin and Susan Conner appeal from the District Court’s July 25, 2011 order granting summary judgment in favor of the City of Dillon and dismissing the action with prejudice. We reverse.

PROCEDURAL AND FACTUAL BACKGROUND

¶2 The City of Dillon owns a water main line that diverts water from Rattlesnake Creek, as it has done since the early 1900s. At the time of this action only ten residences receive water from this line and all are located outside the Dillon city limits. In 1981 the City entered an agreement with Robert and Patricia McNeill allowing them to connect to the Rattlesnake Creek…