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STATE, ETC. v. CITY OF BILLINGS

No. 81-367.

647 P.2d 345 (1982)

STATE ex rel. HILANDS GOLF CLUB, a non-profit Corporation, Relator and Respondent, v. The CITY OF BILLINGS, Montana, a municipal corporation, et al., Appellants and Respondents.

Supreme Court of Montana.

Decided June 24, 1982.

Rehearing Denied July 15, 1982.

Attorney(s) appearing for the Case

Peterson Law Offices, Kenneth D. Peterson argued, Billings, for appellants and respondents.

Berger, Sinclair & Nelson, Arnold Berger argued, Billings, for relator and respondent.

SHEA, Justice.

The City of Billings appeals a Yellowstone County District Court judgment which declared that the Hilands Golf Club is statutorily exempted from the City's attempts to annex it.

The City has raised three arguments. It claims first that the statutory exemption for golf courses does not apply to annexations commenced under the Planned Community Development Act. Second, it claims that the Golf Club was not entitled to protest the City's proposed...

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