Gray v. City of Billings

This is an appeal from a judgment entered by the District Court of the Thirteenth Judicial District, Yellowstone County.

The plaintiffs, Gary and Diana Gray, challenge (1) the validity of a subdivision improvement agreement entered into between the Grays and defendant, City of Billings, and (2) the legality of a special improvement district formed under the provisions of the agreement and accompanying waiver. The trial court found for the City, and the Grays appeal. We vacate the judgment and remand for a jury trial of the plaintiffs’ breach of contract claim.

In 1977, the Grays purchased…