BERGER v. CITY OF BILLINGS

No. 14902.

607 P.2d 558 (1980)

Arnold A. BERGER et al., Plaintiffs and Respondents, v. CITY OF BILLINGS et al., Defendants and Appellants.

Supreme Court of Montana.

Decided March 10, 1980.


Attorney(s) appearing for the Case

Peterson & Hunt, Billings, K.D. Peterson argued, Billings, for defendants and appellants.

Berger, Anderson, Sinclair & Murphy, Billings, Arnold Berger argued, Billings, for plaintiffs and respondents.


HASWELL, Chief Justice.

In 1977 the City of Billings (City) assessed certain storm sewer charges for the year. After the assessments were made, various Billings property owners (Plaintiffs) paid the assessments under protest and filed an action in District Court. Depositions were taken and a trial was held without a jury before the Honorable C.B. Sande on March 15, 1979. The court entered final judgment in favor of plaintiffs on June 21, 1979. From this judgment,...

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