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KENSMOE v. CITY OF MISSOULA

No. 11830.

480 P.2d 835 (1971)

Sharron KENSMOE, Plaintiff and Respondent, v. The CITY OF MISSOULA, Montana, a Municipal Corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided February 10, 1971.

Attorney(s) appearing for the Case

Fred C. Root, Missoula, for defendant and appellant.

Fremont W. Wilson, Missoula, for plaintiff and respondent.

HASWELL, Justice.

Appeal by the City of Missoula from a judgment in favor of plaintiff granting her a vested right of nonconforming continuous use for a trailer home on her property under the existing city zoning ordinance.

The single issue upon appeal is whether a residence trailer home maintained upon premises as a nonconforming use can be replaced by a new residential trailer, under existing zoning ordinances of the City of Missoula.

The case was...

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