Legal Opinion · Concurring in part, dissenting in part

Marchi v. Brackman

Montana Supreme Court

Decided June 27, 1956No. 9541Published

1Concurring in part, dissenting in part

MR. JUSTICE BOTTOMLY:

I concur in part and dissent to most that is said in the majority opinion and especially with the disposition of this case.

The plaintiffs as resident freeholders within the proposed district brought this action to enjoin the defendants, the mayor, the city commissioners of the City of Helena, and the Montana Power Company, a corporation, from proceeding with the installation of lighting fixtures and appliances in the city’s designated special lighting district No. 190, and the removal of the present existing lighting system therein, under Resolution of Intention No. 5229,…

2Cases cited27 opinions

  1. Carlson v. City of HelenaMontana Supreme Court · 1909
  2. State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
  3. Stadler v. City of HelenaMontana Supreme Court · 1912
  4. Brackman's, Inc. v. City of HuntingtonWest Virginia Supreme Court · 1943
  5. State ex rel. City of Billings v. Billings Gas Co.Montana Supreme Court · 1918

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