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STATE EX REL. THELEN v. CITY OF MISSOULA

No. 13192.

543 P.2d 173 (1975)

STATE ex rel. Joe R. THELEN and Barbara G. Thelen, husband and wife, Relators, v. CITY OF MISSOULA, through its City Council, Respondent.

Supreme Court of Montana.

Decided December 8, 1975.

Attorney(s) appearing for the Case

Julio K. Morales, argued, Missoula, for relators.

Fred C. Root and Victor F. Valgenti, Missoula, Victor F. Valgenti, argued, Missoula, for respondent.

Thomas Mahan, argued, Helena, for amicus curiae.

JOHN C. HARRISON, Justice.

This is an original proceeding brought by property owners of the city of Missoula praying that an alternative writ of prohibition issue directing the city of Missoula to restrain from further interference in the sale of their residence and in the establishment of a home for the developmentally disabled in a one-family residential zone.

Relators are residents of the city of Missoula and owners under a contract for deed of a residence...

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