SMITH v. CITY OF BOZEMAN

No. 10602.

398 P.2d 462 (1965)

Wilbur E. SMITH, Plaintiffs and Respondents, v. CITY OF BOZEMAN, a Municipal Corporation, Defendant and Appellant. Herbert SIMMONS, Plaintiff and Respondent, v. CITY OF BOZEMAN, a Municipal Corporation, Defendant and Appellant. Bert H. VAN DYKEN, Plaintiff and Respondent, v. CITY OF BOZEMAN, a Municipal Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided January 29, 1965.


Attorney(s) appearing for the Case

Ben E. Berg, Jr. (argued), Bozeman, for appellant.

Allen L. McAlear and H.A. Bolinger, Jr. (argued), Bozeman, for respondent.


CASTLES, Justice.

This is an appeal by the City of Bozeman from a judgment of the district court restraining the City from valuing, assessing, and levying taxes based upon an assessment for improvements done in Special Improvement District No. 421, and further, ordering the taxes previously paid under the assessment returned to the plaintiffs with interest at six percent.

Three separate suits were filed by the plaintiffs, residents of the improvement district...

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