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Mountain Water Co. v. Montana Fourth Judicial District Court

Supreme Court of Montana

January 10, 2017

MOUNTAIN WATER COMPANY, Petitioner,
v.
MONTANA FOURTH JUDICIAL DISTRICT COURT, MISSOULA COUNTY, AND THE HONORABLE KAREN S. TOWNSEND, PRESIDING JUDGE, Respondents.

          ORDER

         Petitioner Mountain Water Company seeks a writ of supervisory control over the Fourth Judicial District Court in Missoula County Cause No. DV-14-352 to reverse that Court's January 4, 2017 Order directing Mountain Water to provide the City of Missoula with access to Mountain Water customer service data and human resources information. Mountain Water argues that any order of possession of Mountain Water assets must follow a payment-before-possession process as established by § 70-30-311, MCA. Mountain Water further requests that the Court issue an Order immediately staying the District Court's January 4 Order while its Petition is pending.

         Upon review of the Petition, the District Court's Order, and other materials Mountain Water has appended to its Petition, the Court deems it appropriate to obtain a summary response. Therefore, in accordance with M. R. App. P. 14(7), IT IS ORDERED that the Fourth Judicial District Court, the City of Missoula, or both, are granted ten days from the date of this Order in which to prepare, file, and serve a response(s) to the petition for writ of supervisory control.

         IT IS FURTHER ORDERED that the District Court's January 4, 2017 Order is STAYED pending this Court's consideration of Mountain Water's Petition.

         The Clerk is directed to provide immediate notice of this Order to counsel for Petitioner, all counsel of record in Missoula County ...


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