Penland v. City of Missoula

(sitting in place of MR. JUSTICE CASTLES, who deemed himself disqualified).

This is an appeal by the plaintiffs, Gordon Penland, a resident freeholder of certain land lying within Missoula County, Montana, and other resident freeholders similarly situated, from a judgment rendered by the District Court of the Fourth Judicial district of the State of Montana, in favor of the defendants, The City of Missoula, Montana, a municipal corporation, James A. Hart, Mayor, and Commissioners Allan Bradley, Grace Martel, Sandy Durrant, and F. Gordon Reynolds.

The Facts: On June 25, 1956, the defendants…