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BENSON v. PYFER

No. 89-172.

783 P.2d 923 (1989)

Roland C. BENSON and Armonia A. Benson, Plaintiffs and Appellants, v. Clark PYFER and Paul kleffner, d/b/a Intercity Development Company, Defendants and Respondents.

Supreme Court of Montana.

Decided December 6, 1989.

Rehearing Denied January 9, 1990.

Attorney(s) appearing for the Case

John L. Hollow, Helena, for plaintiffs and appellants.

Jacqueline N. Terrell, Helena, for defendants and respondents.

BARZ, Justice.

Appellants appeal from an order of the District Court of the First Judicial District, Lewis and Clark County, granting respondents' motion for summary judgment. We affirm.

In January of 1979, respondents received approval of a preliminary plat of the Intercity Commercial Subdivision located in Lewis and Clark County. Respondents recorded the final plat on June 26, 1979. On September 10, 1979, the City of Helena created SID # 354 for construction...

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