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STATE EX REL. DIEHL CO. v. CITY OF HELENA

No. 14721.

593 P.2d 458 (1979)

STATE ex rel. The DIEHL COMPANY, a Montana Corporation, Plaintiff and Relator and Respondent, v. The CITY OF HELENA, Montana, et al., Defendants and Respondents and Appellants.

Supreme Court of Montana.

Decided April 19, 1979.

Attorney(s) appearing for the Case

Hull, Driscoll & Sherlock, Helena, James M. Driscoll (argued), Helena, C.W. Leaphart, Jr. (argued), Helena, for defendants and respondents and appellants.

Gene A. Picotte (argued), Helena, for plaintiff and relator and respondent.

SHEEHY, Justice.

Appeal is by the City of Helena and its City Commission (Helena) from a judgment against it entered January 12, 1979, in the District Court, First Judicial District, Lewis and Clark County. Because of the unusual circumstances presented, this Court on motion expedited the oral argument and decision in the cause.

The Diehl Company (Diehl) has been planning since 1971 for the development of a large shopping-center complex on land owned by the...

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