McCollum v. Kolokotrones

MR. CHIEF JUSTICE HARRISON:

This is an appeal by the appellant from a judgment entered in an equity action denying her any relief. By her amended complaint filed August 28, 1952, the appellant sought to have certain wooden coops, pens, roosts, structures and fences erected by the respondents upon their property in the town of Three Forks, Montana, declared to be public nuisances and abated.

The amended complaint consisted of two separate causes of action, the first was based on the legal theory that structures which are erected and exist illegally in contravention of a valid municipal zoning…