Mack v. Anderson
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The Supreme Court affirmed the order of the Montana Water Court establishing the point of diversion for two claims owned by Carolyn Mack and Chriss Mack, holding that the Water Court did not err or abuse its discretion.
Specifically, the Supreme Court held that the Water Court (1) did not err when it concluded that it had jurisdiction over the Macks' amended statement of claim; (2) did not abuse its discretion in concluding that the Macks did not make any judicial admissions in previous litigation; (3) did not err in assigning the burden of proof to Appellants - Glenda, Jimmy, John, and Rowdy Anderson; and (4) did not abuse its discretion in excluding the Andersons' expert witness. Lastly, the Supreme Court held that the Water Court's findings of fact were not clearly erroneous and that there was substantial evidence supporting the Water Court's conclusion establishing the point of diversion for the Macks' claims.
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