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KEMMER v. CITY OF BOZEMAN

No. 12120.

492 P.2d 211 (1971)

F.M. KEMMER and M.W. Quambeck Et Al., Plaintiffs and Appellants, v. The CITY OF BOZEMAN et al., Defendants and Respondents.

Supreme Court of Montana.

Decided December 28, 1971.

Attorney(s) appearing for the Case

Bolinger & Wellcome, Page Wellcome, argued, Bozeman, for plaintiffs and appellants.

Landoe & Gary, Donald E. White, argued, Berg, O'Connell, Angel & Andriolo, Bozeman, for defendants and respondents.

JOHN C. HARRISON, Justice.

This is an action under the Montana Uniform Declaratory Judgment Act, section 93-8901, R.C.M. 1947, seeking an order declaring that a city ordinance vacating certain streets and alleys is subject to a right-of-way and easement of the plaintiffs. Plaintiffs allege they are the owners of certain real property situated in the city of Bozeman; that the city commission of that city provisionally adopted an ordinance whereby certain streets and...

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