City of Missoula v. Mountain Water, et al

DA 15-0375 ·Direct Appeal ·Civil ·Closed
Docket DA 15-0375
Type Direct Appeal — Condemnation
Classification Civil
Outcome Affirmed
Lower court case DV-14-352
Lower court judge Hon. Karen S. Townsend

Key dates

Closed Aug 18, 2016
Classified Jan 27, 2016
Appeal filed Jun 23, 2015
Record filed Aug 4, 2015
Oral argument Apr 22, 2016
Briefing ended Dec 23, 2015
Opinion issued Aug 2, 2016
Briefing started Aug 10, 2015
Transcript filed Aug 10, 2015
Sent to the court Dec 24, 2015
Submitted for decision Apr 22, 2016
Appellant Reply Brief Filed Dec 23, 2015
Appellant Opening Brief Filed Oct 9, 2015
Appellee Response Brief Filed Dec 9, 2015

Calculated

from the docket dates
Appeal filed to briefing start 48
Briefing days 135
Briefing start to opening brief filed 60
Classified to Opinion 188
Close of briefing to sent to court 1
Filing date to Opinion 406
Filing date to closed 422
Opening to response 60
Opinion to closed 15
Oral argument to Opinion 102
Response to reply 14
Sent to court to classified 33
Sent to court to oral argument 119
Submitted for decision to Opinion 222

Tags

Affirmed Amicus requested Closed En Banc Opinion synopsis issued Oral Argument Published opinion

Parties

Appellee
Missoula, City of
Represented by William K. VanCanagan
Appellant
Mountain Water Company
Represented by William T. Wagner
Appellant
Carlyle Infrastructure Partners, LP
Represented by William W. Mercer
Appellant
Mountain Water Company - Employees
Represented by Gary M. Zadick

Opinion

City of Missoula v. Mountain Water, et al, 2016 MT 183

Affirmed on August 2, 2016, in a 5 to 2 published opinion.

Events

most recent first
Fees - Postage Reimbursement Received Sep 6, 2016 10:41 AM Fees
Record - DC Record Return Card Filed Aug 29, 2016 11:51 AM Record
Notice - Outgoing - Postage Reimbursement Due for Return of District Court Record Aug 19, 2016 3:44 PM Notice - Outgoing
Record - DC Record Returned to District Court Aug 18, 2016 9:34 AM Record
Event - Case Closed Aug 18, 2016 9:34 AM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Aug 18, 2016 9:29 AM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Aug 18, 2016 9:11 AM Closing Notice
Opinion - Synopsis of Opinion Aug 2, 2016 4:56 PM Synopsis
Opinion - Published - Justice Cotter, affirmed Aug 2, 2016 4:54 PM Opinion
Notice - Outgoing - Exhibits Filed Apr 27, 2016 2:14 PM Notice - Outgoing
Record - Trial Exhibits in electronic form filed (with related: stipulation, order, exhibit list, and transmittal letter). Flashdrive of exhibits retained in Clerk's office Apr 27, 2016 2:00 PM Record
Event - Oral Argument Presented. The Court, sitting en banc, convened at 9:00 AM for oral argument. Brad Luck argued for the appellants and Gary Zadick argued for intervenor/appellants. Harry Schneider argued for the appellees. The matter was taken under advisement at 10:14 AM Apr 22, 2016 12:44 PM Event
Other - Mountain Water Company's Rule 17(6) Oral Argument Handout Apr 22, 2016 12:42 PM Other
Event - Sent to Court-Pleading (motion to take judicial notice; response) Apr 19, 2016 11:35 AM Event
Response/Objection - Response to Motion (Appellants' Joint Response to Motion to Take Judicial Notice) Apr 19, 2016 11:32 AM Response
Order - Oral Argument - Amending Schedule - the argument is set for 4/22/16 at 9:00 a.m. and will be held at the UNIVERSITY CENTER BALLROOM, UNIVERSITY OF MONTANA, Missoula, Montana, instead of the Dennison Theatre Apr 15, 2016 1:55 PM Order - Other
Motion to Take Judicial Notice. held for objection Apr 15, 2016 1:15 PM Motion
Correspondence from Garlington, Lohn & Robinson regarding providing a flash drive of exhibits for the Court Apr 8, 2016 2:21 PM Correspondence
Notice - Incoming - Appearance of Bradley Luck as co-counsel for the Appellants Mountain Water Company Feb 17, 2016 10:39 AM Notice - Incoming
Notice - Outgoing - Oral Argument Scheduled Jan 27, 2016 12:40 PM Notice - Outgoing
Order - Classified - Oral Argument before the Court sitting en banc on Friday, April 22, 2016 at 9:00 a.m. with an introduction beginning at 8:30 a.m. NOTE: ARGUMENT IS BEING HELD AT THE UNIVERSITY CENTER BALLROOM, UNIVERSITY OF MONTANA, MISSOULA Jan 27, 2016 12:27 PM Classifying Notice
Event - Case Sent to Court Dec 24, 2015 2:36 PM Classifying Notice
Brief - Appellant Reply (Mountain Water Company) Dec 23, 2015 2:25 PM Appellant Reply Brief
Brief - Appellant Reply (Carlyle Infrastructure) Dec 23, 2015 2:20 PM Appellant Reply Brief
Brief - Appellant Reply (Intervenors/Appellants) Dec 23, 2015 9:35 AM Appellant Reply Brief
Brief - Appellee City of Missoula Response to CARLYLE INFRASTRUCTURE PARTNERS, LP Dec 9, 2015 10:50 AM Appellee Response Brief
Brief - Appellee City of Missoula Response to the EMPLOYEES OF MOUNTAIN WATER COMPANY ET AL Dec 9, 2015 10:36 AM Appellee Response Brief
Brief - Appellee Response to MOUNTAIN WATER COMPANY Dec 9, 2015 10:15 AM Appellee Response Brief
Extension - Grant of Extension to December 9, 2015 to file Appellee City of Missoula's Brief Oct 30, 2015 3:02 PM Extension
Motion - Unopposed - Extension of Time - Appellee City of Missoula's Brief Oct 30, 2015 1:37 PM Motion
Brief - Amicus (United Property Owners of Montana) Oct 14, 2015 9:11 AM Amicus Brief
Order - the motion of United Property Owners of Montana to file their Amicus Brief is GRANTED Oct 14, 2015 8:34 AM Order - Other
Event - Seal Document pursuant to order dated 10/13/15 Oct 13, 2015 9:33 AM Event
Order - Grant motion to Seal Appendix exhibits and a portion of the opening brief. (Supplemental Appendix 14 & 17; portion of pg. 6 of Opening Brief) Oct 13, 2015 9:17 AM Order - Other
Brief - Appellant's Opening w/ 2 separate Appendices (Mountain Water) Oct 9, 2015 11:17 AM Appellant Opening Brief
Motion - Opposed - Amicus - Leave to Participate - United Property Owners of Montana, Inc. - copies to Court Oct 9, 2015 10:07 AM Motion
Brief - Appellant's Opening w/ separate Appendix (Carlyle Infrastructure) Oct 9, 2015 8:44 AM Appellant Opening Brief
Brief - Appellant's Opening (Intervenors) Oct 8, 2015 4:28 PM Appellant Opening Brief
Motion - Unopposed - Seal Exhibits and Portion of Appellant Mountain Water Company's Opening Brief (sent to court) Oct 8, 2015 9:09 AM Motion
Extension - Grant of Extension - Appellant Mountain Water Company is given until 10/9/15 to file their opening brief Sep 1, 2015 2:49 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (Mountain Water) Aug 31, 2015 10:11 AM Motion
Extension - Grant of Extension until 10/09/2015 to file Appellant's Brief (Carlyle) Aug 28, 2015 4:20 PM Extension
Motion - Extension of Time - Appellant's Brief (Carlyle) Aug 28, 2015 4:11 PM Motion
Notice of Appearance - (Michael Manning for Appellant Carlyle) Aug 28, 2015 3:57 PM Notice
Extension - Grant - Extension of Time to October 9, 2015 to file Appellant's Brief (Employees) Aug 27, 2015 3:43 PM Extension
Motion - Unopposed - Extension of Time - Appellant's Opening Brief (Employees) Aug 27, 2015 10:49 AM Motion
Order - Petitioner's motions for relief from the District Court Order are DENIED without prejudice Aug 18, 2015 4:31 PM Order - Other
Notice of Withdrawal of Counsel (Brian J. Smith and Peter J. Arant) Aug 13, 2015 3:47 PM Notice
Order - Granted sealing of Bickell's Affidavit Aug 11, 2015 2:52 PM Order - Other
Event - Sent to Court-Pleading (Motions to Stay and Responses) Aug 11, 2015 9:05 AM Event
City of Missoula's Response to Infrastructure Partners and Mountain Water Company's Motion to Stay. (Exhibit B filed under Seal) Aug 10, 2015 8:35 AM Other
City of Missoula's Response to Employees of Mountain Water Company's Motion to Stay Aug 10, 2015 8:27 AM Other
City of Missoula's Motion to File Under Seal the Affidavit of Dale Bickell. to Court Aug 10, 2015 8:15 AM Other
Notice - Outgoing - Transcript Filed Aug 10, 2015 8:05 AM Transcript
Record - (1) volume Transcript in Missoula County District Court Cause No. DV 14-352 dated October 24, 2014 Filed Aug 10, 2015 8:00 AM Record
Notice - Outgoing - Transcript Filed Aug 5, 2015 4:47 PM Transcript
Record - condensed Transcripts w/DVDs of 1-13-15; 3-18-15; 3-19-15; 3-23-15; 3-25-15; 3-27-15; 3-30-15; 4-1-15; 4-3-15; and 4-6-15 hearings and trial Aug 5, 2015 4:44 PM Record
Notice - Outgoing - District Court Record Filed Aug 4, 2015 3:12 PM Record
Record - DC Record/Transcript Filed - electronic documents 1-328 in case no. DV-14-352; and condensed Transcripts w/DVD of 7-7-14, 11-13-14, 1-8-15, 2-25-15, 2-27-15, 3-6-15, 3-16-15, 3-20-15, 3-26-15, and 4-2-15 hearings Aug 4, 2015 2:56 PM Record
Order - File the following document under seal: Exhibit E at Affidavit of Dale Bickell dated 7/1015. The Affidavit was marked as Exhibit C to City of Msla's Brief in Response dated 7/13/15 filed in the 4th Judicial Dst Aug 4, 2015 8:16 AM Order - Other
Motion - Unopposed - to file under Seal Portions of Exhibits to Defendants' Motion for Relief from District Court's Order Denying Motion for Stay - sent to Court w/SC file Jul 31, 2015 2:53 PM Motion
Motion For Relief From District Court's Order Denying Motion For Stay (Mountain Water Company). held for objection Jul 30, 2015 2:35 PM Motion
Intervenors The Employees' Motion for relief from District Court's Order Denying Motion to Stay. held for objection Jul 30, 2015 2:10 PM Other
Notice - Outgoing - Appeal Notice (Carlyle Infrastructure Partners, LP) Jun 23, 2015 12:54 PM Notice - Outgoing
Fees - Appearance Fee Received Jun 23, 2015 12:48 PM Fees
Notice - Incoming - Notice of Appeal Filed (Carlyle Infrastructure Partners, LP) Jun 23, 2015 12:46 PM Notice - Incoming
Notice - Outgoing - Appeal Notice (Employees of Mountain Water Company) Jun 23, 2015 11:49 AM Notice - Outgoing
Notice - Outgoing - Appeal Notice (Mountain Water Company) Jun 23, 2015 11:48 AM Notice - Outgoing
Fees - Appearance Fee Received - Employees (Mountain Water Company) Jun 23, 2015 11:28 AM Fees
Notice - Incoming - Notice of Appeal Filed (Employees of Mountain Water Company) Jun 23, 2015 11:18 AM Notice - Incoming
Fees - Appearance Fee Received (Mountain Water Company) Jun 23, 2015 11:17 AM Fees
Notice - Incoming - Notice of Appeal Filed (Mountain Water Company) Jun 23, 2015 11:13 AM Notice - Incoming