Power v. City of Helena
Montana Supreme Court
Appeal from, District Court, Lewis .and Clark Countyj J. Miller Smith, Judge. Action by T. C. Power against the city of Helena. From a judgment for defendant rendered on sustaining a demurrer to the complaint, plaintiff appeals.
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Appeal from, District Court, Lewis .and Clark Countyj J. Miller Smith, Judge. Action by T. C. Power against the city of Helena. From a judgment for defendant rendered on sustaining a demurrer to the complaint, plaintiff appeals. It appears from the complaint that the storm sewer in question in this case is so situated that no water, drainage or sewage matter of any kind does or can be made to flow into or through it, or any part of it, and that the real estate of plaintiff does not, and, because of its situation cannot, receive or realize any benefit or advantage through or by means of said…
1Opinion of the CourtJustice Holloway
On August 1, 1906, the city council of Helena passed, and the mayor approved, a resolution entitled: “A resolution creating special improvement district No. 17, describing the boundaries thereof, the character of improvements to be made therein and the estimated cost thereof.” The resolution designates August 13, 1906, and the city council chamber, as the time and place for hearing objections. On August 13, the resolution was finally adopted. The purpose for Which the district was created was to procure a right of way for and construct a storm sewer. Within the boundaries of the district is…
2Cases cited5 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Bennett v. City of EmmetsburgSupreme Court of Iowa · 1908
- Annie Wright Seminary v. City of TacomaWashington Supreme Court · 1900
- City of Owensboro v. SweeneyCourt of Appeals of Kentucky · 1908
3Cited by20 opinions
- State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
- Stadler v. City of HelenaMontana Supreme Court · 1912
- State Ex Rel. City of Great Falls v. JeffriesMontana Supreme Court · 1928
- Hale v. City of MinotNorth Dakota Supreme Court · 1924
- Summerland, Inc. v. City of Punta GordaSupreme Court of Florida · 1931
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