Attorneys representing the City of Missoula have submitted a brief asking Judge Karen Townsend to deny a stay in valuation of the Mountain Water Company.

Attorney for the firm of Boone Karlberg, Natasha Jones, told KGVO News that every day the valuation of the company is delayed, the citizens of Missoula and customers of Mountain Water Company are being damaged.

"The District Court sat in judgment of the evidence that was presented at trial," Jones said. "She (Judge Karen Townsend) weighed that evidence and she determined that our water system is broken, and that it's in serious need of repairs. The leakage is so significant that it reflects that there's been poor management of the water system and a failure to conform their practices to industry standards."

Jones said attorneys for the Caryle Group and for the employees of Mountain Water want the valuation to be stayed indefinitely.

"They want the valuation proceeding under the condemnation statutes to be delayed until all appellate options have been exhausted," she said. "They have not put a limit on the stay that they're requesting."

Jones said the present request before Judge Townsend is one of many by Carlyle and the Mountain Water Company to delay the decision as long as possible.

"This is the same judge that has denied the past eight motions to stay this case, which we believe is the best evidence of the intentions of the Caryle Group," Jones said. "Prior to this motion to stay, eight times they moved Karen Townsend to stay or delay and she has denied each attempt. So, we see this as just another attempt by them to make this case more time consuming and expensive for the citizens of Missoula."

Judge Townsend decided for the city in the condemnation lawsuit on June 15. Carlyle and Mountain Water have since appealed the decision to the Montana Supreme Court.

 

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