Rae Subdivision County Water & Sewer District No. 313 v. Frank J. Trunk & Son

RAE Subdivision Water and Sewer District (RAE) sued the Trunks in the Eighteenth Judicial District Court in Gallatin County to collect “annual assessments” for the retirement of bonded indebtedness. The parties stipulated to relevant facts and then filed separate summary judgment motions. The District Court granted RAE’s motion and denied the Trunks’ motion. The Trunks unsuccessfully moved for reconsideration and now appeal. We reverse.

The issues are:

1. Did the District Court err in finding that RAE has authority to levy “annual assessments” against the Trunks?

2. Did the District Court err in…