City of Kalispell v. School District No. 5
Montana Supreme Court
Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by tbe City of Kalispell against School District No. 5 of Flathead county. From a, judgment for defendant, plaintiff appeals. Cause submitted on briefs of counsel. An exemption from taxation in favor of school property does not extend to a special assessment for the payment of local improvements specially benefiting such property. (In re Harding Street Sewer, 31 Pittsb.
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Appeal from District Court, Flathead County; J. E. Erickson, Judge. Action by tbe City of Kalispell against School District No. 5 of Flathead county. From a, judgment for defendant, plaintiff appeals. Cause submitted on briefs of counsel. An exemption from taxation in favor of school property does not extend to a special assessment for the payment of local improvements specially benefiting such property. (In re Harding Street Sewer, 31 Pittsb. L. J., n. s., 147; In re Howard Ave., North, 44 Wash. 62, 120 Am. St. Rep. 973, 12 Ann. Cas. 417, 86 Pac. 1117.) The same rule is applicable to schools…
1Opinion of the CourtJustice Holloway
Some time prior to the commencement of this action, the city council of Ealispell, by ordinances duly passed and approved, created three special improvement districts, the first for constructing sewers, and the other two for building sidewalks. These districts included property belonging to and used by School *226District No. 5 of Flathead county for public school purposes-exclusively. The school district resisted the efforts of the city to collect any portion of the expense incurred for the improvements, and this action resulted. The cause was tried upon an agreed statement of facts. The…
2Cases cited15 opinions
- New Orleans v. WarnerSupreme Court of the United States · 1899
- Inhabitants of Worcester County v. Mayor of WorcesterMassachusetts Supreme Judicial Court · 1874
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- City of St. Louis v. BrownSupreme Court of Missouri · 1900
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3Cited by27 opinions
- Cruse v. FischlMontana Supreme Court · 1918
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- State Ex Rel. City of Great Falls v. JeffriesMontana Supreme Court · 1928
- Ford v. City of Great FallsMontana Supreme Court · 1912
- Blake v. City of TampaSupreme Court of Florida · 1934
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