COUNTY OF CHOUTEAU v. CITY OF FORT BENTON

No. 14559.

592 P.2d 504 (1979)

The COUNTY OF CHOUTEAU, State of Montana, and the State of Montana ex rel. George W. Harvey, Plaintiffs and Appellants, v. The CITY OF FORT BENTON, Montana, a Municipal Corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided March 23, 1979.


Attorney(s) appearing for the Case

A. Evon Anderson, argued, Fort Benton, for plaintiffs and appellants.

Schmidt, Gilbert & Jungers, Grover C. Schmidt, Jr., argued, Fort Benton, for defendant and respondent.


HASWELL, Chief Justice.

Plaintiffs appeal from an order of the District Court of Chouteau County quashing a temporary restraining order and denying a permanent injunction.

On July 18, 1977, the city council of Fort Benton, Montana, passed a resolution of intent to create an extended Special Water Line District. The purpose of the District was to install waterlines along the streets included within its boundaries and to connect those lines to the existing city...

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