City of Missoula v. Mountain Water, et al

DA 17-0272 ·Direct Appeal ·Civil ·Closed
Docket DA 17-0272
Type Direct Appeal — Condemnation
Classification Civil
Outcome Affirmed in part, reversed in part
Lower court case DV-14-352
Lower court judge Hon. Karen S. Townsend

Key dates

Closed Jun 22, 2018
Classified Jan 31, 2018
Appeal filed May 9, 2017
Record filed Jul 5, 2017
Briefing ended Dec 12, 2017
Opinion issued Jun 5, 2018
Briefing started Jul 6, 2017
Transcript filed Jul 6, 2017
Sent to the court Dec 13, 2017
Cross Appeal Filed May 22, 2017
Submitted for decision Dec 13, 2017
Cross Reply Brief Filed Dec 12, 2017
Appellant Reply Brief Filed Nov 21, 2017
Appellant Opening Brief Filed Sep 6, 2017
Appellee Response Brief Filed Oct 4, 2017

Calculated

from the docket dates
Appeal filed to briefing start 58
Briefing days 159
Briefing start to opening brief filed 61
Classified to Opinion 125
Close of briefing to sent to court 0
Filing date to Opinion 392
Filing date to closed 409
Opening to response 28
Opinion to closed 16
Reply to cross reply 68
Response to reply 47
Sent to court to classified 49
Submitted for decision to Opinion 174

Tags

Affirmed in part, reversed in part Closed Cross Appeal Filed En Banc Opinion synopsis issued Published opinion

Parties

Other
State of Montana
Represented by Timothy Charles Fox
Intervenor
Department of Transportation
Represented by Valerie D. Wilson
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, 2018 MT 139

Affirmed in part, reversed in part on June 5, 2018, in a 4 to 3 published opinion.

Events

most recent first
Event - Case Closed (electronic record) Jun 22, 2018 1:54 PM Closing Notice
Notice - Outgoing - Opinion Release Notice Issued Jun 22, 2018 1:48 PM Notice - Outgoing
Notice - Outgoing - Remittitur Issued Jun 22, 2018 1:46 PM Closing Notice
Notice - Outgoing - SECOND CORRECTED OPINION Jun 11, 2018 11:18 AM Notice - Outgoing
Notice - Outgoing - CORRECTED OPINION Jun 11, 2018 9:34 AM Notice - Outgoing
Opinion - Synopsis of Opinion Jun 5, 2018 4:28 PM Synopsis
Opinion - Published - Justice Rice, affirmed in part, reversed in part and remanded Jun 5, 2018 4:25 PM Opinion
Order - Classified - En Banc Jan 31, 2018 1:13 PM Classifying Notice
Event - Case Sent to Court Dec 13, 2017 11:30 AM Classifying Notice
Notice - Outgoing - Brief Filed (Cross Appellant's Reply) Dec 13, 2017 11:19 AM Notice - Outgoing
Brief - Cross Appellant Reply Dec 12, 2017 3:38 PM Cross Reply Brief
Notice - Outgoing - Brief Filed (Appellant Reply and Answer to Cross) Dec 5, 2017 2:56 PM Notice - Outgoing
Brief - Appellant Reply and Answer to Cross Appeal Dec 4, 2017 8:49 PM Cross Reply Brief
Notice - Outgoing - Brief Filed Nov 21, 2017 11:48 AM Notice - Outgoing
Brief - Appellants' Consolidated Reply to Montana Department of Transportation's Intervention Brief Nov 20, 2017 8:12 PM Appellant Reply Brief
Order - Appellants may file and serve a joint Reply to Brief of Intervenor Montana Department of Transportation on or before November 20, 2017, subject to the requirements of Rule 11(4)(a) regarding reply briefs Oct 26, 2017 1:57 PM Order - Other
Motion for Leave to file Reply to Brief of Intervenor Oct 25, 2017 4:38 PM Motion
Extension - Appellants may file and serve their combined joint response and reply to Plaintiff/Appellee City of Missoula's Brief in Response to Appellants' Consolidated Opening Brief, and Response to City of Missoula's cross appeal on or before December 4, 2017 Oct 25, 2017 3:01 PM Extension
Motion - Unopposed - Extension of Time - Brief to file Appellant's Reply Brief and Answer to Cross-Appeal (First Request 30 Days) Oct 24, 2017 3:52 PM Motion
Extension - Grant of Extension - Appellants Carlyle Infrastructure and Mountain Water are given until 11/20/17 to file their joint reply brief Oct 18, 2017 12:02 PM Extension
Motion - Unopposed - Extension of Time - Appellants Joint Reply to Intervenor Brief (First Request 30 Days) Oct 17, 2017 3:32 PM Motion
Notice - Outgoing - Brief Filed (Appellee and Cross-Appellant) Oct 5, 2017 4:53 PM Notice - Outgoing
Brief - Intervenor (Montana Department of Transportation) Oct 5, 2017 3:53 PM Brief
Brief - Appellee and Cross-Appellant Oct 4, 2017 4:39 PM Appellee Response Brief
Notice - Incoming - Appearance - Randy J. Tanner as co-counsel for City of Missoula Sep 28, 2017 3:44 PM Notice - Incoming
Notice - Outgoing - Brief Filed Sep 6, 2017 1:43 PM Notice - Outgoing
Brief - Appellant's Opening Sep 5, 2017 6:20 PM Appellant Opening Brief
Extension - Grant of Extension - Appellant Mountain Water Co. is given until 9/5/17 to file their opening brief Aug 4, 2017 4:22 PM Extension
Motion - Unopposed - Extension of Time - Brief (First Request 30 Days) Aug 4, 2017 11:45 AM Motion
Extension - Grant of Extension - Appellant Carlyle Infrastructure is granted until 9/5/17 to file the opening brief Aug 3, 2017 4:40 PM Extension
Motion - Unopposed - Extension of Time - Appellant Carlyle Infrastructure's Brief (First Request 30 Days) Aug 3, 2017 2:01 PM Motion
Notice - Outgoing - Transcript Filed Jul 6, 2017 8:52 AM Transcript
Electronic Transcript Filed of July 18, 2016 and July 25, 2016 hearings Jul 5, 2017 8:31 PM Other
Notice - Outgoing - District Court Record Filed Jul 5, 2017 1:41 PM Record
Record - Missoula County District Court Record DV 14-352 consisting of electronically scanned documents numbered #1-690 with a Case Register Report Filed Jul 5, 2017 1:20 PM Record
Notice - Incoming - Notice to Intervene (Montana Department of Transportation) May 31, 2017 12:53 PM Notice - Incoming
Notice - Outgoing - Cross Appeal Notice May 22, 2017 1:45 PM Notice - Outgoing
Notice - Incoming - Notice of Cross Appeal (City of Missoula) May 22, 2017 1:01 PM Notice - Incoming
Notice - Incoming - Constitutional Question (Mountain Water) May 19, 2017 2:11 PM Notice - Incoming
Notice - Incoming - Constitutional Question (Carlyle Infrastructure) May 19, 2017 11:55 AM Notice - Incoming
AMENDED Notice - Outgoing - Appeal Notice May 10, 2017 3:13 PM Other
Notice - Outgoing - Appeal Notice (Carlyle) May 10, 2017 2:10 PM Notice - Outgoing
Notice - Outgoing - Appeal Notice (Mountain Water) May 10, 2017 10:32 AM Notice - Outgoing
Notice - Incoming - Notice of Appeal Filed May 9, 2017 4:30 PM Notice - Incoming
Fees - Filing Fee Paid (E-Filing - Mountain Water) May 9, 2017 4:30 PM Fees
Fees - Filing Fee Paid (E-Filing - Carlyle Infrastructure) May 9, 2017 3:13 PM Fees
Notice - Incoming - Notice of Appeal Filed (Carlyle Infrastructure Partners) May 9, 2017 3:12 PM Notice - Incoming