PORCH v POWDER RIVER BD OF COUNTY
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No. 8 5 - 1 6 8 IN THE SUPREME COURT OF THE STATE OF MONTANA 1985 ELDORA J. PORCH, BOBBY RAY TANNER and FRANCIS C. CADWELL, Plaintiffs and Appellants, POWDER RIVER BOARD OF COUNTY COMMISSIONERS, ALVIN =SCHKOW, F.F. HUCKINS, TED FLETCHER, Commissioners, Defendants and Respondents. APPEAL FROM: District Court of the Sixteenth Judicial District, In and for the County of Powder River, The Honorable Nat.Allen, Judge presiding. COUNSEL OF RECORD: For Appellants: Anderson, Brown, Gerbase, Cebull Billings, Montana & Jones; Joe Gerbase, For Respondents: Daniel Schwarz, County Attorney, Broadus, Montana Submitted on Briefs: Decided: Filed: i%!X 0 1985 3 Clerk Oct. 3, 1 9 8 5 December 30, 1 9 8 5 Mr. Justice John Conway Harrison delivered the Opinion of the Court. This is an appeal from a judgment entered in the Sixteenth Judicial District, in and for the County of Powder River, Montana. The District Court denied appellants' application for a writ of prohibition against respondents to prohibit them from building a swimming pool pursuant to the creation of a RSID. Prior to Nay 31, 1984, a number of petitions were circulated in Powder River County, Montana, for the purpose of creating a rural special improvement district pursuant to ยง 7-12-2102, MCA (1983). The (RSID), commissioners executed a resolution of intent to create the RSID and it was subsequently created for the purpose of constructing a swimming pool. The appellants brought this action under an application for a writ of prohibition to prohibit the Commissioners from building the swimming pool. The sufficiency of the petition was challenged on the grounds it did not contain the names of the requisite percentage of freeholders within the district. A show cause hearing was held and the application was denied. The 1985 Legislature amended S 7-12-2102, MCA (1983), Sec. 2, Ch. 665, L. 1985. of petition of 60% of establishment of a RSID. There is no longer the requirement the freeholders affected for The county commissioners have the authority, "[wlhenever the public interest or convenience may require, to order and create special improvement d.istricts outside the limits of incorporated towns and cities The Powder River County Commissioners may ... proceed " with establishment of the RSID to build statutes provide owners who established. are a method a swimming pool. of written liable to be assessed protest property if the district is The order quashing the writ of prohibition is affirmed for the reason the question is moot. Justices by The -
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