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STATE EX REL. WIEDMAN v. CITY OF KALISPELL

No. 11290.

459 P.2d 694 (1969)

STATE of Montana upon relation of Maude J. Wiedman, Petitioner and Appellant, v. CITY OF KALISPELL, a Municipal Corporation, and Thomas R. Flynn, Mayor and Lawrence G. Bjorneby, C.L. Ellingson, Vernon E. Homuth, Franklin A. Lenon, William W. Roberts, Dotel E. Smyser and H.V. Turner, as Aldermen and Constituting the City Council of the City of Kalispell, State of Montana, Defendants and Respondents.

Supreme Court of Montana.

Rehearing Denied November 3, 1969.

Attorney(s) appearing for the Case

Thomas H. Mahan, argued, Helena, for appellant.

Marshall Murray, argued, Kalispell, for respondents.

THOMAS DIGNAN, District Judge.

Petitioner Maude J. Wiedman seeks a writ of mandate to require the City of Kalispell to condemn private lands for use as public streets and to construct said streets. This case was submitted on an agreed statement of facts to the lower court. The trial court sustained defendants' motion to quash and dismissed the petition. Petitioner appeals.

The stipulated facts are:

"Mrs. Wiedman acquired her property in 1934 and at...

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