Wheeler v. Armstrong

This is the culmination of a series of related cases. The facts are detailed in Wheeler v. Armstrong, 159 Mont. 392, 498 P.2d 300. We promulgated a unanimous opinion on November 19, 1974; subsequently granted a rehearing, and reheard the entire matter on March 6, 1975. This opinion replaces that issued on November 19, 1974 as reported in 3.1 St.Rep. 907.

Essentially what has occurred is this:

Appellants James and Edith Wheeler (hereinafter referred to as the Wheelers) own approximately eight acres of land west of the Bozeman city limits. As early as 1966 some residents of the area attempted to…