Conner v. City of Dillon
270 P.3d 75
Mont.2012Background
- Conners sued City of Dillon for damages from a winter water-service interruption.
- City owns a long-used water main from Rattlesnake Creek; 1997 subdivision involved the Conners’ lot.
- City approved activation of water service to the McNeill subdivision lot in 1997, installing a meter and billing.
- Conners purchased the subdivided lot in 2004 and began receiving and paying for water via the McNeill tap.
- Winter 2008 freezing froze creek and main; service was interrupted for weeks; City attempted wells and provided bottled water/storage
- District Court granted summary judgment for City after Special Master found no contract due to ordinance; Conners appeal; Montana Supreme Court reverses outline of decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a legal contract existed for water service | Conners: implied contract formed by conduct | City: no contract due to lack of Council approval | Implied contract found; estoppel against City; not barred by ordinance. |
| Whether § 13.04.150 bars Conners' claims | Not a valid bar since water shut-off was not City action, but freezing event | Code provision bars liability when City shuts off water | § 13.04.150 does not apply to freezing event; claims not barred. |
Key Cases Cited
- C B & F Development Corp. v. Culbertson State Bank, 256 Mont. 1, 844 P.2d 85 (1992) (implied contract; estoppel by conduct; contract elements)
- Somont Oil Co., Inc. v. Nutter, 228 Mont. 467, 743 P.2d 1016 (1987) (implied contract; conduct indicates existence of contract)
- Williams v. Schwager, 2002 MT 107, 47 P.3d 839 (2002) (estoppel; contracting party cannot later deny contract)
- Lewis v. Huyser, 264 Mont. 141, 870 P.2d 95 (1994) (varying regulatory requirements by course of conduct)
- Weidow v. Uninsured Employers’ Fund, 2010 MT 292, 246 P.3d 704 (2010) (avoid constitutional issues where possible)
- Grimsrud v. Hagel, 328 Mont. 142, 119 P.3d 47 (2005) (standard for reviewing summary judgment)
- Gliko v. Permann, 331 Mont. 112, 130 P.3d 155 (2006) (applying standard of review; adopted master’s report)
- Schmidt v. Colonial Terrace Assoc., 215 Mont. 62, 694 P.2d 1340 (1985) (standard of review for adopted master’s report)