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HARLEN v. CITY OF HELENA

No. 83-169.

676 P.2d 191 (1984)

Ada J. HARLEN, Shaun R. Thompson and Richard L. Parish, d/b/a Harlen, Thompson & Parish, a partnership, Plaintiffs and Appellants, v. The CITY OF HELENA, a political subdivision of the State of Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided January 26, 1984.

Attorney(s) appearing for the Case

Shaun R. Thompson, argued, Harlen, Thompson & Parish, Helena, for plaintiffs and appellants.

Jeffrey Sherlock, City Atty., argued, Helena, for defendant and respondent.

Charles F. Moses, Billings, for Yellowstone County Bar Ass'n, amicus curiae.

Peterson, Schofield & Leckie, Billings, for City of Billings, amicus curiae.

GULBRANDSON, Justice.

Plaintiffs filed a complaint in September, 1982, challenging the validity of a Helena city ordinance. The matter was brought before the District Court of the First Judicial District, Lewis and Clark County, the Hon. Mark P. Sullivan presiding. Plaintiffs and the defendant City sought summary judgment, there being no factual disputes. The trial court heard oral argument and accepted written briefs, and...

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