Hames v. City of Polson

MR. JUSTICE ANGSTMAN:

I dissent. There are several propositions advanced in the majority opinion with which I do not agree and the determinative question in the case is not discussed at all. The majority opinion is bottomed upon a proposition not suggested in the briefs or oral argument of counsel and upon an issue not raised by the pleadings. Likewise the opinion, if sound in other respects, does not justify the conclusion reached. In other words, if no valid park board was appointed with power to govern and manage the park, recreational grounds and golf course, then the deed from the Poison…