Eby v. City of Lewistown
Montana Supreme Court
Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by J. M. Eby against the City of Lewistown. Judgment for plaintiff, and defendant appeals.
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Appeal from District Court, Fergus County; Boy E. Ayers, Judge. Action by J. M. Eby against the City of Lewistown. Judgment for plaintiff, and defendant appeals. Compensatory damages in a case like this mean the difference in the fair market value of the property before and after the change in grade, unless such difference is more than it would cost to place the property back in the same relative position with respect to the new grade that it occupied with respect to the grade as it existed just prior to the change. No proof of the diminished value of the property was offered by the…
1Opinion of the CourtChief Justice Brantly
On May 11, 1914, the council of the city of Lewistown, Fergus county, under the provisions of the Act of the legislature entitled “An Act relating to special improvement districts in *117cities and towns,” etc., approved March 14, 1913 (Laws 1913, Chap. 89), passed a resolution of intention to create a special improvement district for the purpose of excavating, filling and grading Janeaux Street, one of the principal streets of the city, and the intersections thereof (excluding the intersection of First Avenue and Janeaux Street), 'between the southwesterly boundary line of Sixth Avenue and the…
2Cases cited24 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Kincaid v. City of SeattleWashington Supreme Court · 1913
- Less v. City of ButteMontana Supreme Court · 1903
- Guiterman v. WishonMontana Supreme Court · 1898
- Schmidt v. City of FremontNebraska Supreme Court · 1903
19 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Maier v. City of KetchikanAlaska Supreme Court · 1965
- Noll v. City of BozemanMontana Supreme Court · 1975
- Kelleher v. Ephrata School District No. 165Washington Supreme Court · 1960
- Campbell v. City of HelenaMontana Supreme Court · 1932
- Gallatin Valley Electric Ry. v. NeibleMontana Supreme Court · 1919
13 more not listed; retrieve them via the Exa API.