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PARKER v. COUNTY OF YELLOWSTONE

No. 10437.

374 P.2d 328 (1962)

Howard W. PARKER, Ted Hammond, Charles E. Heyn, and Emilia Cerise, Plaintiffs and Appellants, v. The COUNTY OF YELLOWSTONE, a political subdivision of the state of Montana, Marjory Thompson, as County Treasurer of said Yellowstone County, T.A. Cothron, As County Assessor of said Yellowstone County, Chris Rubich, As Clerk and Recorder of said Yellowstone County; Charles H. Barney, Fred C. Plath and Anthony Healow, as the County Commissioners of said Yellowstone County; Victor W. Hansen, W.B. Doe, Duane Dunbar, Winfred Griffing, Richard Hadley and J.E. Rehard, Defendants and Respondents.

Supreme Court of Montana.

Decided August 30, 1962.

Attorney(s) appearing for the Case

Harwood & Galles, Dale F. Galles (argued orally), Billings, for appellants.

William J. Speare, County Atty., Lamey, Crowley, Kilbourne, Haughey & Hanson, Thomas N. Kelley (argued orally), A.F. Lamey (appeared), Billings, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an action to restrain the defendants from levying, assessing, and collecting, water and bond taxes, and to enjoin any and all further acts and proceedings pertinent to the County Water District of Billings Heights. From a judgment of the district court of Yellowstone County for the defendants, plaintiffs appeal.

The named plaintiffs are owners of land which has been included in the County Water District of Billings...

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