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ENGER v. CITY OF MISSOULA

No. 00-809.

29 P.3d 514 (2001)

2001 MT 142

Darl ENGER, C.P. Brooke, Michael Brooke, and Richard Buley, Plaintiffs and Appellants, v. CITY OF MISSOULA, Defendant and Respondent.

Supreme Court of Montana.

Decided August 2, 2001.

Attorney(s) appearing for the Case

Richard R. Buley, Tipp & Bulley, Missoula, MT, for Appellants.

Jim Nugen, Missoula City Attorney, Missoula, MT, for Respondent.

Justice Terry N. TRIEWEILER delivered the Opinion of the Court.

¶ 1 The Plaintiffs filed a complaint in the District Court for the Fourth Judicial District in Missoula County requesting a declaratory judgment that the Missoula City Council illegally included them in a special improvement district. The City of Missoula filed a motion for summary judgment and after a hearing the District Court entered judgment in favor of the City. The Plaintiffs now appeal from...

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