Missoula Group in Legal Fight With City, Claims “Right to Know” Mountain Water Company’s Valuation

Near the end of August, a group called the Advocates for Missoula’s Future filed a motion in Judge Karen Townsend’s court to see the recent valuation of the Mountain Water Company. According to attorney Quentin Rhoades, who represents the group, the public has a right to know and there is a suspect history of bad estimations when it comes to the cost of the Mountain Water Eminent Domain lawsuit.

"If those estimates had been accurate in the past, then maybe it wouldn't be such a great concern now, but they haven't been accurate, in fact, they've been woefully inaccurate," Rhoades said. "We don't necessarily blame the city, or Mayor Engen for that, he's been given bad advice as we see it. The public needs to know this information and it has an absolute right under the Montana Constitution to have this information."

But the information has not been easy to come by. The valuation was not released when discussed at Missoula City Council and the city also drafted its own motion last week to counter the motion filed by Advocates for Missoula’s Future. The city argues that revealing the numbers would be costly and "pointless." Rhoades says the counter-motion by the city is at odds with what the city has said in the past with revealing the estimated valuation.

"Mountain Water has consented to it, Carlyle Group has consented to it, the employees have consented to it, and really the city has consented to it, although it is taking kind of a hostile position with respect to Advocates for Missoula's Future. I think it is perplexing why they would do that and I don't think it reflects well on the city or the mayor that they should be so hostile towards its own citizens."

Advocates for Missoula’s Future has a deadline to respond set for this Friday. Rhoades says his clients plan to argue that there is no law in Montana that requires this information to remain confidential, that no court order requires it to be withheld, and that the public has a right to know.