I don't believe this mess. Carlyle can't even allow a town it's own water supply?
June 30, 2015
By Dennis Bragg
Attorneys for Mountain Water (click here) are asking a Missoula judge to delay the order setting a price for the utility, at least until an appeal can be heard by the Montana Supreme Court.
Earlier this month, Missoula District Court Judge Karen Townsend ruled the City of Missoula can use the power of eminent domain in its efforts to take over Mountain Water from its present owners, the Carlyle Group.
The ruling started a 30-day period for Mountain Water to give a price for the utility to city, setting the stage for a possible agreement, or further legal action.
Carlyle has appealed the ruling to the Montana Supreme Court. But the clock is still ticking for the order to give the city the asking price for the water utility.
Attorneys asked the Missoula court on Tuesday to stay the valuation process, pending a ruling from the Supreme Court. In a prepared statement, Mountain Water President John Kappes said the company believes allowing that valuation to proceed while the case is on appeal "puts taxpayer funds and the water system itself at significant risk."
Kappes says there's a chance the city may take over Mountain Water, only to have to "hand back the keys" if Carlyle wins the appeal.
