Legal Opinion

Aiken v. City of Glendive

Montana Supreme Court

Decided May 5, 1921No. 4,803PublishedCited by 1 opinion

Appeal from, District Court, Dawson County; C. C. Hurley, Judge. Action by A. E. Aiken and others to enjoin the city of Glendive and its council from creating a special improvement district. Judgment for plaintiffs. Defendants appeal.

1Opinion of the CourtJustice Cooper

The plaintiffs instituted this action in the court below to enjoin the city authorities of the city of Glendive from creating Special Improvement Paving District No. 1 under Chapter 89 of the Laws of 1913, as amended by Chapters 142 and 175 of the Laws of 1915.

The points upon which plaintiffs contend the action of the city council is not well founded are:

1. That in adopting Resolution No. 43A, the initial step taken by the city council, it did not therein pronounce and declare its intention to create Special Improvement District No. 1.

2. It did not, by any resolution, motion or order…

2Cases cited4 opinions

  1. Shapard v. City of MissoulaMontana Supreme Court · 1914
  2. Allen v. City of ButteMontana Supreme Court · 1918
  3. Moore v. MurrayMontana Supreme Court · 1904
  4. Harvey v. Town of TownsendMontana Supreme Court · 1920

3Cited by1 opinion

  1. Burns v. U R ExpressMontana Supreme Court · 1981

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