MILLER v. YELLOWSTONE COUNTY

No. 88-276.

761 P.2d 829 (1988)

John MILLER, Jr., and William E. Taylor, Plaintiffs and Appellants, v. YELLOWSTONE COUNTY, Yellowstone County Commissioners, Grace M. Edwards, Dwight MacKAY, Conrad Burns, and Yellowstone County Treasurer, May Jenkins, Defendants and Respondents.

Supreme Court of Montana.

Decided September 27, 1988.


Attorney(s) appearing for the Case

Parker Law Firm, Paul E. Toennis, Billings, for plaintiffs and appellants.

Harold Hanser, County Atty., David W. Hoefer, Deputy Co. Atty., Billings, for defendants and respondents.


HARRISON, Justice.

Rural Special Improvement District No. 41 was created in 1938 by the County Commissioners of Yellowstone County for the installation of a water main having a diameter of four inches for the benefit of the owners within the District. In 1986 the County Commissioners replaced the four-inch water main in the District with one having a diameter of twelve inches and assessed the cost thereof to the owners within the District as a maintenance cost. We...

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