MISSOULA, Mont. -

A new response filed by the City of Missoula in its condemnation suit over Mountain Water Company indicates the Carlyle Group claims ownership of Missoula’s water system only when it's convenient.

Carlye Group had asked a judge to dismiss the lawsuit, claiming it wrongly named the multibillion-dollar equity firm as a party instead of Park Water, of which Mountain Water is part.

Missoula’s attorneys argue in the response that just last year Carlyle declared it is "honored to be the ultimate owner of Mountain Water" in a letter sent to Missoula Mayor Engen.

The city says the judge should deny the motion to dismiss and proceed with the lawsuit.