Lokowich v. City of Helena
Montana Supreme Court
Appeal from District Court, Broadwater County; W. B. C. Stewart, Judge. Action by Frank Lokowich, and others,- to enjoin the city of Helena from diverting the waters of Beaver creek from the watershed of said stream. From a judgment of dismissal and from an order overruling a motion for a new trial, plaintiffs appeal.
1Opinion of the CourtJustice Sanner
Appeal from a judgment of dismissal and from an order overruling a motion for a new trial.
The appellants are owners in severalty of certain agricultural lands situate in the valley of Beaver creek, Broadwater county, Montana, and of certain rights in and to the waters of said creek; and they have brought this action to have the respondent city of Helena permanently enjoined from changing the place of diversion of said waters under its prior rights, and from conveying such waters continuously and permanently out of the watershed of the stream to the city for municipal purposes.
They allege that…
2Cases cited5 opinions
- Beloit v. MorganSupreme Court of the United States · 1869
- Chicago, Kansas & Western Railroad v. Board of CommissionersSupreme Court of Kansas · 1892
- Spokane Ranch & Water Co. v. BeattyMontana Supreme Court · 1908
- Hansen v. LarsenMontana Supreme Court · 1911
- Carlson v. City of HelenaMontana Supreme Court · 1911
3Cited by22 opinions
- Galiger v. McNultyMontana Supreme Court · 1927
- Brennan v. JonesMontana Supreme Court · 1936
- MacLay v. Missoula Irrigation DistrictMontana Supreme Court · 1931
- Holmstrom Land Co. v. Meagher County Newlan Creek Water DistrictMontana Supreme Court · 1979
- Missoula Light & Water Co. v. HughesMontana Supreme Court · 1938
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