Northern Pacific Railway Co. v. Lutey

Plaintiff brought this action to recover taxes in the sum of $ 177.63, paid under protest. It alleged in its complaint that the tax in question was attempted to be levied by the city council of the city of Helena for the year 1934 as a garbage tax. It is alleged that a general tax of 2.11 mills was levied upon all the property within the city for garbage removal, and that this levy was in excess of 15 mills levied for general municipal and administrative purposes. Paragraph VIII alleged: “That no garbage or other matter had ever been removed by said city from the property of this plaintiff,…