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WESTLAND ENTERPRISES, INC. v. BOYNE, USA, INC.

No. 87-465.

772 P.2d 309 (1989)

WESTLAND ENTERPRISES, INC., and Vernon F. Taylor, Trustee, Plaintiffs and Respondents, v. BOYNE USA, INC.; Rural Improvement District # 305 and its Directors, Jack Harper, John McCulley, and Raymond J. Tout; Gallatin County Commissioners, Ray White, Jane Jelinski and Wilbur Visser; and Madison County Commissioners, Marie McAlear, Bill Dringle and John Allhands, Defendants and Appellants.

Supreme Court of Montana.

Decided April 27, 1989.

Attorney(s) appearing for the Case

Kirwan & Barrett, Peter M. Kirwan, A. Michael Salvagni, County Atty., Duke Wolf, Deputy County Atty., Bozeman, Loren Tucker, County Atty., Virginia City, for defendants and appellants.

Morrow, Sedivy & Bennett, Edmund P. Sedivy, Bozeman, for plaintiffs and respondents.

McDONOUGH, Justice.

This appeal involves a dispute over contract terms granting use of a sewer system located at Big Sky, Montana. Defendants Boyne USA, et al. (Boyne) appeal from the judgment of the District Court of the Eighteenth Judicial District, Gallatin County. The District Court enjoined Boyne from allowing further connections to the system until the sewage facility had been expanded sufficiently to accommodate sewage from future real estate development contemplated...

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