Archive | Mandamus

RSS feed for this section

Western MT Water Users v. Mission Irrig. District

Western MT Water Users Assoc., LLC v. Mission Irrig. Dist., 2013 MT 92 (April 9, 2013) (7-0) (Morris, J.)

Issue: (1) Whether the district court has issued a final appealable order; (2) whether the district court properly granted the writ of mandate and injunction; and (3) whether the district court properly determined that the irrigation districts had to comply with §§ 85-7-1956 and 85-7-1957, MCA, before executing the Water Use Agreement.

Short Answer: (1) Yes, because the order included an injunction; (2) no, because the district court issued its order on grounds not raised or argued by the parties; and (3) no, because those statutes apply only to contracts with the U.S. for a loan of money.