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BRODIE v. CITY OF MISSOULA

No. 11578.

468 P.2d 778 (1970)

Stephen D. BRODIE and James Lee, Plaintiffs and Appellants, v. CITY OF MISSOULA, a Municipal Corporation, and Richard G. Shoup, Mayor of said City, Bernice Helm, Clerk et al., Defendants and Respondents.

Supreme Court of Montana.

April 29, 1970.

Attorney(s) appearing for the Case

Tipp, Hoven & Brault, Missoula, Raymond W. Brault, argued, Missoula, for appellants.

Fred C. Root and Victor Valgenti, Missoula, Victor Valgenti, argued, Missoula, for respondents.

HASWELL, Justice.

The city of Missoula, on its own initiative and over the protest of plaintiff property owners, annexed into the city their 30 acre tract of land entirely surrounded by the city. Plaintiff property owners sought a writ of mandate to set aside the annexation, but the district court of Missoula county, Hon. E. Gardner Brownlee, district judge, entered an order and judgment quashing the alternative writ thereby denying the requested relief. From this...

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