Stettheimer v. City of Butte
Montana Supreme Court
Appeal from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Joseph C. Stettheimer and others against the City of Butte and another to restrain the collection of an assessment for street improvements.
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Appeal from District Court, Silver Bow County; Edwin M. Lamb, Judge. Action by Joseph C. Stettheimer and others against the City of Butte and another to restrain the collection of an assessment for street improvements. Judgment for plaintiffs and defendants appeal/ We contend that the city council in creating an improvement, which consisted of opening streets, laying sidewalks and curbs, contiguous to this property, declared conclusively that the abutting property within the district was benefited thereby to the extent of its proportionate cost of improvement, and with this legislative…
1Opinion of the CourtJustice Holloway
The city of Butte caused a sidewalk and curbing to be constructed along the south side of Front Street, and levied a special assessment upon abutting property belonging to plaintiffs to defray the cost of the improvements in front of that property. There was imposed, also, a nominal charge for street sprinkling. This action was instituted to restrain the city and its treasurer from collecting the assessment, and after trial upon an agreed statement of facts a judgment was rendered and entered in favor of plaintiffs, and defendants appealed.
It is conceded that the proceedings taken by the city…
2Cases cited5 opinions
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court of the United States · 1905
- Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
- City of Butte v. School District No. 1Montana Supreme Court · 1904
- Rehmel v. Board of SupervisorsSupreme Court of Iowa · 1915
- City of Vancouver v. Corporation of the Catholic BishopWashington Supreme Court · 1916
3Cited by8 opinions
- Duffie v. Metropolitan Sanitary & Storm Sewer District No. 1Montana Supreme Court · 1966
- Larsen Farms v. City of PlentywoodMontana Supreme Court · 1965
- Parker v. County of YellowstoneMontana Supreme Court · 1962
- Ricker v. City of HelenaMontana Supreme Court · 1923
- Almas v. City of HavreMontana Supreme Court · 1924
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