Montana Power Co. v. Sun River Electric Cooperative, Inc.

MR. JUSTICE JOHN C. HARRISON

(specially concurring) :

I concur in the holding in this ease on the basis of stare decisis only. However, as I stated in my dissent in Montana Power Co. v. Fergus Electric Co-op., 149 Mont. 258, 265, 425 P.2d 329, were it not for the many previous cases in this area, I would hold differently under the fact situation as set forth here.

Except for the fact that the recent legislative assembly amended section 14-502, R.C.M.1947, by the enactment of the “Territorial Integrity Act of 1971,” the effect of the majority holding in the instant ease, in my opinion, would have…