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MISSOULA RURAL FIRE DIST. v. MISSOULA

No. 88-558.

775 P.2d 209 (1989)

MISSOULA RURAL FIRE DISTRICT, Plaintiff and Appellant, v. CITY OF MISSOULA, Defendant and Respondent. MISSOULA RURAL FIRE DISTRICT, a political subdivision of the State of Montana, et al., Plaintiffs and Appellants, v. CITY OF MISSOULA, a municipal corp., Defendant and Respondent.

Supreme Court of Montana.

Decided June 2, 1989.

Attorney(s) appearing for the Case

Howard Toole argued, Missoula, for plaintiff and appellant.

Jim Nugent argued, City Atty., Missoula, for defendant and respondent.

TURNAGE, Chief Justice.

In 1974, a permanent injunction was issued against the City of Missoula and in favor of the Montana Rural Fire District (MRFD), barring the City from annexing any lands outside city limits which were situated within the MRFD. The injunction remained in effect until 1988 when the District Court, Fourth Judicial District, ordered the injunction dissolved on motion of the City. The District Court reasoned that the legislature significantly changed...

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