LECHNER v. CITY OF BILLINGS

No. 89-486.

797 P.2d 191 (1990)

James F. LECHNER, The Home Builders Association of Billings, Montana, Inc., a Montana corporation; Kummerfeldt Construction, Inc., a Montana corporation; Darwin Johnson Construction, Inc., a Montana corporation; Harley G. Hoven; Jerry T. Ray, d/b/a Jerry T. Ray Development; S.D. Helgeson, Inc., a Montana corporation; Mace Realty and Insurance, Inc., a Montana corporation; Schooner Realty and Development, Inc., a Montana corporation; Kober Construction Co., a Montana corporation; Mark Johnson; Perfect Homes, Inc., a Montana corporation; Gerbase, Inc., a Montana corporation; Pierson Construction, Inc., a Montana corporation; Mora Brothers, Incorporated, a Montana corporation; J. Junkert Construction, Incorporated, a Montana corporation; William Kale; Ron Williams; Daugherty Construction, Inc., a Montana corporation; Redinger and Son, Inc., a Montana corporation; Greenbriar Construction Company; Hardy Inc. Builders, a Montana corporation; Glasser Construction, Inc., a Montana corporation; Hank C. Glasser; Stan D. Helgeson; and Ray Weber, Plaintiffs and Appellants. v. The CITY OF BILLINGS, Montana, Defendant and Respondent.

Supreme Court of Montana.

Decided August 20, 1990.


Attorney(s) appearing for the Case

Joe Gerbase, argued, Anderson, Brown, Gerbase, Cebull, Fulton, Harman & Ross, Billings, for plaintiffs and appellants.

James L. Tillotson, argued, City Atty., Billings, for defendant and respondent.


HUNT, Justice.

Plaintiffs and appellants, property owners who reside within the City of Billings and general contractors who do business within the City of Billings, brought this declaratory judgment action, seeking to strike down a funding system for the expansion of water and sewer facilities that was adopted by the City in 1985. Following submission of the case on stipulated facts and issues, the Thirteenth Judicial District Court, Yellowstone County, ruled in...

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