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CITY OF HELENA v. CELAR

No. 12058.

488 P.2d 905 (1971)

CITY OF HELENA, Montana, a Municipal Corporation, Plaintiff and Appellant, v. John B. CELAR, Defendant and Respondent.

Supreme Court of Montana.

Decided September 7, 1971.

Attorney(s) appearing for the Case

P. Keith Keller, City Atty., argued, Helena, for plaintiff and appellant.

K. M. Bridenstine, argued, Helena, for defendant and respondent.

PER CURIAM:

The city brought this action to enjoin defendant's use of certain real property which he has owned since 1959, contending that such use was in fact an unlicensed automobile wrecking yard under the provisions of a city ordinance enacted in July of 1969, declaring such operation to be a public nuisance. The case was tried before the court, sitting without a jury, and at the close of plaintiff's case defendant moved to dismiss the complaint on the ground...

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