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DIEFENDERFER v. CITY OF BILLINGS

No. 86-266.

726 P.2d 1362 (1986)

R.I. DIEFENDERFER, Jr., Plaintiff and Appellant, v. CITY OF BILLINGS, a municipal corporation, Defendant and Respondent.

Supreme Court of Montana.

Decided October 24, 1986.

Rehearing Denied November 20, 1986.

Attorney(s) appearing for the Case

Charles F. Moses, Moses Law Firm, Richard J. Carstensen, Billings, for plaintiff and appellant.

Kenneth D. Peterson, Peterson Schofield & Leckie, Billings, for defendant and respondent.

MORRISON, Justice.

Plaintiff R.I. Diefenderfer, Jr., appeals the March 7, 1986, order of the Thirteenth Judicial District Court awarding summary judgment in favor of defendant City of Billings. We affirm.

On January 21, 1980, the Billings City Council enacted Ordinance No. 4266, in order to reduce the burden on the special improvement district revolving fund. The ordinance required the developer to pay a 5% surcharge prior to creation of a special improvement...

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