Alexander v. McCauley

Plaintiffs appeal from the decision of the District Court of the Fifth Judicial District for Jefferson County, granting the defendants’ motion for summary judgment. We affirm the District Court.

The sole issue for our determination is whether the District Court erred in granting the defendants’ motion for summary judgment.

Appellants in this action are homeowners in the city of Boulder, Montana. Edward and Anita McCauley are owners of an irrigation ditch running from the Boulder River through the town. The Mc-Cauleys acquired their ditch and water rights on April 14,1988, from their…