Warner v. Commissioners of Gallatin

Maurice Warner, Jr., brought an action in the District Court of the Eighteenth Judicial District, Gallatin County to enjoin the defendants from assessing any costs for improvements under Rural Improvement District No. 337 and to declare the resolution creating the district null and void. The District Court granted summary judgment in favor of defendants. Plaintiff appeals. We affirm.

There is one issue in this case: in fixing boundaries of a rural improvement district, can a board of county commissioners include less than the entire lot within the district so as to equalize costs borne by each…