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MISSOULA RURAL FIRE DIST. v. CITY OF MISSOULA

No. 97-061.

938 P.2d 1328 (1997)

MISSOULA RURAL FIRE DISTRICT, a political subdivision of the State of Montana; William Everingham; Catherine E. Everingham; Richard T. Dailey and Alice M. Dailey; Don Harbaugh and Donna M. Harbaugh; Theodore A. Brodowy and Susan J. Sachsenmaier; and Deloit R. Wolfe and Twila Wolfe, Plaintiffs and Respondents, v. CITY OF MISSOULA, a municipal corporation, Defendant and Appellant.

Supreme Court of Montana.

Decided May 29, 1997.

Attorney(s) appearing for the Case

Jim Nugent, City Attorney; City of Missoula; Missoula, for Appellant.

M. Richard Gebhardt; Missoula, for Respondent.

REGNIER, Justice.

The City of Missoula appeals from the order of summary judgment issued by the Fourth Judicial District Court, Missoula County. The District Court declared the City's Resolution No. 5797, which purported to annex certain properties in Missoula County, to be void and of no further force and effect. We affirm.

The only issue before this Court for review is whether the District Court abused its discretion...

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