GUFFEY v. CITY OF HELENA

No. 10396.

369 P.2d 803 (1962)

Ora A. GUFFEY and Nellie A. Guffey, Plaintiffs and Appellants, v. The CITY OF HELENA, Montana, a municipal corporation. The City Commission of the City of Helena, Montana, and Wanna F. Thompson, as Member of said Commission nd Mayor of the City of Helena, Montana and John W. Schroeder, James H. Foley, Robert M. Morgan and Robert E. Johnson, as Members of the said City Commission of the City of Helena, Montana, W. J. Leary, as City Manager of the City of Helena, Montana, and Fred A. Sielbach, Jr., as City Engineer of the City of Helena, Montana, Respondents.

Supreme Court of Montana.

Decided March 22, 1962.


Attorney(s) appearing for the Case

Stanley P. Sorenson, argued orally, Helena, for appellants.

Michael G. Chilton and William F. Crowley, argued orally, Helena, for respondents.


CASTLES, Justice.

This is an appeal from an order and judgment dismissing the plaintiffs' complaint in an action brought in the district court of Lewis and Clark County for the purpose of enjoining a special improvement district proposed by the City of Helena. The appeal is on the judgment roll.

The complaint contained four separately stated causes of action. In the first cause of action the plaintiffs alleged in substance that the proposed district was void...

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