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TOWN OF WHITEHALL v. PREECE

No. 96-648.

956 P.2d 743 (1998)

1998 MT 53

The TOWN OF WHITEHALL, Montana, a body corporate and politic, Petitioner and Respondent, v. Rick PREECE and Ralph "Butch" Jones, et al., Respondents and Appellants.

Supreme Court of Montana.

Submitted January 15, 1998.

Decided March 10, 1998.

Attorney(s) appearing for the Case

Patricia L. Day-Moore (argued), Whitehall, for Appellant.

Jack H. Morris (argued), Whitehall, Honorable Joseph P. Mazurek, Attorney General; Stephen C. Bullock (argued), Assistant Attorney General, Helena, for Respondents.

Mae Nan Ellingson (argued) and Keith Strong, Missoula, for amici curiae Montana Board of Investments.

David J. Patterson, Missoula, for amici curiae Montana Association of Counties.

Paul J. Luwe, Bozeman, for amici curiae Montana League of Cities & Towns.

TURNAGE, Chief Justice.

¶ 1 The Fifth Judicial District Court, Jefferson County, declared invalid a petition for referendum to repeal a city ordinance requiring metering of water in the Town of Whitehall's water system. We affirm.

¶ 2 We address the following issues raised on appeal:

¶ 3 1. Is this action barred under the applicable statute of limitation?

¶ 4 2. Did the District Court err when it determined that Town of...

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