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TOCCI v. CITY OF THREE FORKS

No. 84-501.

700 P.2d 171 (1985)

Raymond P. TOCCI, Betti J. Tocci, Victor Surdahl and Eloise Surdahl, Plaintiffs and Appellants, v. The CITY OF THREE FORKS, a municipal corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided May 23, 1985.

Attorney(s) appearing for the Case

Morrow, Sedivy & Bennett; Lyman H. Bennett, III, Bozeman, for plaintiffs and appellants.

Landoe, Brown Law Office, Bozeman, for defendant and respondent.

TURNAGE, Chief Justice.

Landowners appeal a judgment of the Gallatin County District Court upholding special improvement district assessments by the City of Three Forks. The assessments were made to recapture engineering and legal expenses in creating a SID for improvements which were never completed by the City. The project was completed privately after the municipal bond failed to sell. Finding neither a statutory basis for the assessment nor a benefit to the property...

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