Plath v. Hi-Ball Contractors, Inc.

This is an appeal by the Yellowstone County Commissioners from the judgment of dismissal after an order of the district court sustaining a demurrer to their complaint. The Commissioners had filed a complaint seeking a permanent injunction against the defendant Corporation to restrain it from continuing alleged unlawful activities under a certain county zoning ordinance.

The complaint, after alleging the status of the parties, set up sections 11-2701 through 11-2710, 11-3830, 11-3852 and 11-3854, R.C.M. 1947, and other acts related thereto, all of which statutes concern the zoning of lands. The…