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SMITH v. TOWN OF HOT SPRINGS

No. 9043.

240 P.2d 249 (1952)

SMITH v. TOWN OF HOT SPRINGS et al.

Supreme Court of Montana.

Decided January 11, 1952.

Rehearing Denied February 14, 1952.

Attorney(s) appearing for the Case

Lloyd I. Wallace, Mr. F.N. Hamman, Polson, for appellant.

A.S. Ainsworth, Thompson Falls, Mr. Bertram P. Berger, Hot Springs, for respondents.

ANGSTMAN, Justice.

Plaintiff, a taxpayer in the town of Hot Springs, brought this action to enjoin defendants from erecting a sewage disposal plant upon property alleged to have been dedicated, platted, laid out and designated as a public park.

The court found in favor of defendants and plaintiff has appealed from the judgment.

The record discloses that in 1948 the town council took the proper steps to hold an election in the town of Hot Springs for...

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