Town of Ennis v. Stewart
Montana Supreme Court
JUSTICE HARRISON, dissenting: I dissent. I would choose to follow the Findings of Fact and Conclusions of Law of the District Judge who sat on this matter, and adopt the reasoning in his Memorandum of this case. Judge Frank M. Davis in his Findings of Fact Nos. 2,3, and 4 noted: “2. The Defendants, STEWARTS and DOYLE, are residents and property owners of the TOWN, and have been since as early as 1936. Both are in their ’80s.
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JUSTICE HARRISON, dissenting: I dissent. I would choose to follow the Findings of Fact and Conclusions of Law of the District Judge who sat on this matter, and adopt the reasoning in his Memorandum of this case. Judge Frank M. Davis in his Findings of Fact Nos. 2,3, and 4 noted: “2. The Defendants, STEWARTS and DOYLE, are residents and property owners of the TOWN, and have been since as early as 1936. Both are in their ’80s. Both have always utilized private water wells for domestic water in their homes. Both have refused the offered municipal water service. No formal demand by the TOWN was…
1Opinion of the CourtJustice McDONOUGH
The plaintiff Town of Ennis appeals the order of the Fifth Judicial District Court, Madison County reversing convictions in Ennis Town Court and dismissing charges against the defendants Edgar and Martha Stewart and Pearl Doyle. The defendants were convicted in Ennis Town Court for refusing to hook up to the Ennis Water System in violation of town ordinances. We reverse the order of the District Court and uphold the convictions of the defendants.
The Town raises the following issues on appeal:(1) Did the District Court err in determining that the defendants had a privacy right in their well…
2Cases cited13 opinions
- Katz v. United StatesSupreme Court of the United States · 1967
- Roe v. WadeSupreme Court of the United States · 1973
- Eisenstadt v. BairdSupreme Court of the United States · 1972
- Montana Human Rights Division v. City of BillingsMontana Supreme Court · 1982
- Hutchinson v. City of ValdostaSupreme Court of the United States · 1913
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3Cited by6 opinions
- Gryczan v. StateMontana Supreme Court · 1997
- Steven B. Stern Michele Stern the Lorenzo Trust v. Francis X. Halligan, Jr. Jeffrey W. Flatt Berkeley Township Berkeley Township Municipal Utilities Authority v. Francis X. Halligan, Jr Berkeley Township, Third-Party v. Michael Peter Scillitani, Third-Party (Trenton D.C. Civil No. 95-Cv-03449). Steven B. Stern Michele Stern the Lorenzo Trust v. Francis X. Halligan, Jr Jeffrey W. Flatt Berkeley Township Berkeley Township Municipal Utilities Authority v. Francis X. Halligan, Jr., Berkeley Township, Third-Party v. Michael Peter Scillitani, Third-Party (Trenton D.C. Civil No. 95-3885). Steven B. Stern, Michele Stern, the Lorenzo TrustCourt of Appeals for the Third Circuit · 1998
- Herbert v. CommonwealthCommonwealth Court of Pennsylvania · 1993
- Stern v. HalliganCourt of Appeals for the Third Circuit · 1998
- Village of Algonquin v. TiedelAppellate Court of Illinois · 2003
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