The saga of the City of Missoula’s (City) attempt to gain control of the privately held water system has concluded for now. In City of Missoula v. Mountain Water, the Montana Supreme Court found that the City’s ownership of the aging, privately held water system constituted a “more necessary public use.” The majority applied the correct standard of review and properly affirmed the lower court’s decision in accordance with precedent and relevant statutes. Mountain Water shed light on the “more necessary public use” analysis and the specificity of factual findings required to support the determination.
Emily Gutierrez, Case Note, City of Missoula v. Mountain Water: Is Municipal Ownership a More Necessary Public Use?, 77 Mont. L. Rev. Online 170, https://scholarship.law.umt.edu/mlr_online/vol77/iss1/22.