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STATE EX REL. BARKER v. TOWN OF STEVENSVILLE

No. 12351.

523 P.2d 1388 (1974)

STATE of Montana ex rel. Denzil J. BARKER and Betty Jean Barker, Petitioners and Appellants, v. TOWN OF STEVENSVILLE et al., Respondents, v. Robert B. BROWN and Frances M. Brown et al., Plaintiffs and Respondents. Town OF STEVENSVILLE, Plaintiff and Intervenor and Respondent, v. Denzil J. BARKER and Betty Jean Barker et al., Defendants and Appellants.

Supreme Court of Montana.

Submitted April 24, 1974.

Attorney(s) appearing for the Case

Christian, McCurdy, Ingraham & Wold, Polson, Keith W. McCurdy (argued), Polson, for petitioners and appellants.

Murray & Holt, Missoula, Harold L. Holt (argued), Missoula, Larry Persson, Hamilton, Robert B. Brown, Stevensville, for respondents.

JOHN C. HARRISON, Justice.

This is an appeal from a judgment denying an application for issuance of a writ of mandate.

This is a unique case. It is in some respects moot, nevertheless we feel justice requires a study of the matter and the granting of such relief as may be warranted.

In July 1971, Denzil and Betty Jean Barker purchased two lots within the city limits of the Town of Stevensville, Montana. Denzil Barker was disabled and confined to a...

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