State v. West Great Falls Flood Control & Drainage District

The State Highway Commission filed a declaratory judgment action in the district court against the West Great Falls Flood Control and Drainage District seeking a determination of whether it could be assessed on its highways within the District for flood control improvements contemplated by the District and if so, whether State highway trust funds could be used for this purpose in view of the anti-diversion amendment to the State constitution. The district court of Cascade county, Honorable B. W. Thomas, district judge presiding without a jury, entered judgment that the State Highway…