Legal Opinion

Johnston v. City of Hardin

Montana Supreme Court

Decided March 31, 1919No. 4,219PublishedCited by 13 opinions

Appeal from. District Court of Bighorn, County; A. C. Spencer, Judge. Action by J. W. Johnston against the City of Hardin, A. L. Mitchell, Mayor, and others, to restrain defendants from proceeding with certain public improvements. Judgment for plaintiff. Defendants appeal from the judgment and from an arder refusing to dissolve a temporary injunction.

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Appeal from. District Court of Bighorn, County; A. C. Spencer, Judge. Action by J. W. Johnston against the City of Hardin, A. L. Mitchell, Mayor, and others, to restrain defendants from proceeding with certain public improvements. Judgment for plaintiff. Defendants appeal from the judgment and from an arder refusing to dissolve a temporary injunction. The objection that the contract delegates powers to J;he engineer which may not be delegated has to do with a provision of the contract which applies only to minor alterations and additions, which the city has authority to make. (Mansur v. City…

1Opinion of the CourtJustice Holloway

On June 25, 1917, the city council of the city of Hardin adopted a resolution declaring its intention to create District No. 9 for the purpose of grading, paving and otherwise improving certain streets, the cost of the improvements to be charg’ed against the property within the district. The notice published by the clerk and the copy mailed to property owners referred to resolution of intention No. 95, on file in the city clerk’s office, for a description of the boundaries of the proposed district. At the same time a resolution of intention to create District No. 10 for a like purpose was…

2Cases cited4 opinions

  1. State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
  2. Shapard v. City of MissoulaMontana Supreme Court · 1914
  3. Cooper v. City of BozemanMontana Supreme Court · 1917
  4. Davidson v. ClarkMontana Supreme Court · 1887

3Cited by13 opinions

  1. Larsen Farms v. City of PlentywoodMontana Supreme Court · 1965
  2. Smith v. City of BozemanMontana Supreme Court · 1965
  3. Koich v. City of HelenaMontana Supreme Court · 1957
  4. Wood v. City of KalispellMontana Supreme Court · 1957
  5. Billings Bench Water Ass'n v. Yellowstone CountyMontana Supreme Court · 1924

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