Legal Opinion

State Ex Rel. Barker v. Town of Stevensville

Montana Supreme Court

Decided July 2, 1974No. 12351PublishedCited by 8 opinions

1Opinion of the Court

MB. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment denying an application for issuance of a writ of mandate.

This is a unique case. It is in some respects moot, nevertheless we feel justice requires a study of the matter and the granting of such relief as may be warranted.

In July 1971, Denzil and Betty Jean Barker purchased two lots within the city limits of the Town of Stevensville, Montana. Denzil Barker was disabled and confined to a wheelchair. Because of his limited income and disability, Barker signed a contract to purchase what is commonly…

2Cases cited4 opinions

  1. Cities Service Oil Co. v. City of Des PlainesIllinois Supreme Court · 1961
  2. People Ex Rel. American Nat. Bk. v. SmithAppellate Court of Illinois · 1969
  3. City of Rockford v. SalleeAppellate Court of Illinois · 1970
  4. Emerald Home Builders, Inc. v. KoltonAppellate Court of Illinois · 1973

3Cited by8 opinions

  1. Municipality of Anchorage v. SchneiderAlaska Supreme Court · 1984
  2. Billings Post No. 1634 v. Montana Department of RevenueMontana Supreme Court · 1997
  3. Town of Boulder v. BullockMontana Supreme Court · 1981
  4. State Ex Rel. Russell Center v. City of MissoulaMontana Supreme Court · 1975
  5. State Ex Rel. May v. HartsonMontana Supreme Court · 1975

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