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MORAN v. BD. OF COUNTY COMM'RS.

No. 10182.

363 P.2d 1073 (1961)

J.S. MORAN, Relator and Appellant, v. BOARD OF COUNTY COMMISSIONERS OF CUSTER COUNTY, Respondent. Tongue and Yellowstone River Irrigation District, Intevenor.

Supreme Court of Montana.

Decided August 16, 1961.

Attorney(s) appearing for the Case

Colgrove & Brown, Hugh J. Lemire, Miles City, for appellant. Hugh J. Lemire argued orally.

John R. Carr, Miles City, argued orally, for respondent.

James P. Lucas, Miles City, for intervenor.

JAMES T. HARRISON, Chief Justice.

This is an appeal by the relator, J.S. Moran, from a judgment of the district court of Custer County quashing a writ of mandate.

The record discloses that from 1921 through 1926 the Tongue and Yellowstone River Irrigation District, a public corporation, levied an assessment for irrigation against the Richland Addition of Custer County. Included in the assessment were 63 lots, which are presently owned by the relator. The assessment...

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