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LOWE v. CITY OF MISSOULA

No. 12612.

525 P.2d 551 (1974)

Thomas Paul LOWE et al., Plaintiffs and Appellants, v. CITY OF MISSOULA, a municipal corporation, Defendants and Respondents.

Supreme Court of Montana.

Submitted May 21, 1974.

Rehearing Denied August 26, 1974.

Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, Missoula, William Evan Jones, argued, Missoula, for plaintiffs and appellants.

Jack K. Morton, argued, Missoula, Victor Valgenti and Fred C. Root, Missoula, for defendants and respondents.

JOHN C. HARRISON, Justice.

Plaintiffs appeal from a judgment of the district court upholding action taken by the Missoula City Council adopting a rezoning ordinance changing a "B-Residential District" to "RR-1 Restricted One Family Residential District". In arriving at its judgment the district court considered evidence before the City Council and took additional evidence.

The property in question consists of 5.8 acres of land located on the southeast slope...

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