State Ex Rel. Konen v. City of Butte

This is an appeal by the City of Butte from a judgment of the district court issuing a peremptory writ of mandamus requiring the City to find that a majority of the resident freeholders had protested the annexation proceeding and to cease and desist from enforcing the resolution of annexation and to cease and desist from exercising any jurisdiction over the annexed area.

The protestants who filed this action through the relators are respondents and will be referred to as protestants. The City of Butte and its officials, respondents below and appellants here, will be called collectively the…