Judge denies motion for summary judgment in Missoula water case
“The Carlyle Group isn’t off the hook in the city of Missoula’s eminent domain case against the local drinking water system.
On Monday, Judge Karen Townsend denied the global equity firm’s motion for summary judgment in Missoula County District Court.
In her order, the judge reaffirmed Carlyle’s direct authority over Mountain Water Co., and she dismissed Carlyle’s contention the city couldn’t take it to court because it lacked a contract with the firm.
“The court finds the legal authority cited by Carlyle to be neither helpful nor persuasive,” the judge wrote.
This is at least the second time the judge has disagreed with arguments by Carlyle in the multimillion-dollar condemnation case. In July, the court denied the company’s motion to dismiss, citing Carlyle’s “legal arguments with scant support” and its “contradictory assertions.””
Szpaller, Keilia. Missoulian 23 February 2015.