Evans v. City of Helena
Montana Supreme Court
‘Appeal from District Court, Lewis, and Clark County; A. J. Mor sky, Judge. 'Action by Bertba M. Evans and others against the city of Helena and others. From an order granting a temporary injunction, defendants appeal.
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‘Appeal from District Court, Lewis, and Clark County; A. J. Mor sky, Judge. 'Action by Bertba M. Evans and others against the city of Helena and others. From an order granting a temporary injunction, defendants appeal. The decision of the city council that the property of the plaintiffs within the exterior boundaries of the district was specially benefited is binding upon the court in the absence of evidence that the council acted arbitrarily, and in the absence of protests on the ground of nonbenefit. The legislature has conferred upon the city council the power to determine the boundaries…
1Opinion of the Court
Opinion
2Per curiam
Action was brought to procure an injunction restraining defendants from entering into a contract with one Frank J. McHugh for paving streets within improvement district No. 125 *586within the city of Helena. Upon filing complaint, application was made for a temporary injunction, which was granted. Defendants have appealed from the order granting the temporary injunction.
[1] On the second day of March, 1920, the council of the city of Helena passed a resolution of intention to create the improvement district; the portions of the resolution of importance to the issues here involved being as…
3Cases cited27 opinions
- Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
- Buckley v. City of TacomaWashington Supreme Court · 1894
- Fay v. ReedCalifornia Supreme Court · 1900
- City of Kirksville ex rel. Fleming Manufacturing Co. v. ColemanMissouri Court of Appeals · 1903
- Schwiesau v. MahonCalifornia Supreme Court · 1900
22 more not listed; retrieve them via the Exa API.
4Cited by6 opinions
- Bass v. City of CasperWyoming Supreme Court · 1922
- Lumbermen's Trust Co. v. Town of RyegateCourt of Appeals for the Ninth Circuit · 1932
- City of Billings v. NoreMontana Supreme Court · 1966
- Koich v. City of HelenaMontana Supreme Court · 1957
- Stevens v. City of MissoulaMontana Supreme Court · 1983
1 more not listed; retrieve them via the Exa API.