(DOWNLOAD) "Penland Et Al. v. City of Missoula" by Supreme Court of Montana " Book PDF Kindle ePub Free
eBook details
- Title: Penland Et Al. v. City of Missoula
- Author : Supreme Court of Montana
- Release Date : January 02, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
MUNICIPAL CORPORATIONS ? ANNEXATION ? COURTS ? OFFICERS. 1. Municipal Corporations ? Evidence properly excluded. Evidence relating to benefits to be derived from annexation of territory to city was properly excluded on review of city councils resolution of intention to annex territory. 2. Municipal Corporations ? Question for city commissioners. Question whether annexation of territory to city was in best interests of city and inhabitants of area to be annexed was for commissioners of city. 3. Municipal Corporations ? Review of city councils discretion. The exercise of city councils discretion with respect to annexation by city of outlying territory may be reviewed by court, only when, and if, council has proceeded contrary to statute. 4. Municipal Corporations ? How residents may disapprove. The method for residents of an area sought to be annexed to city to register disapproval is in writing to city clerk, and not in courts of law. 5. Municipal Corporations ? Powers of Municipality. A municipality has only those powers expressly granted or necessarily implied, and whenever there is a fair and reasonable doubt of existence of a particular power, doubt will be resolved against municipality and exercise of power withheld. 6. Municipal Corporations ? Court could not extend time for protest or approval. Where residents of area sought to be annexed failed to comply with statutes requiring that written expressions of approval or disapproval of annexation be received within twenty days after first - Page 592 publication of notice of intention to annex, court was not permitted to extend time limitation. 7. Municipal Corporations ? Size of area to be annexed immaterial. Where there was unplatted triangular piece of land separating area sought to be annexed to city into two tracts of land, fact that triangular strip was part of much larger tract was immaterial to question whether area to be annexed would be deemed contiguous. 8. Municipal Corporations ? Court did not abuse discretion. In proceeding on petition to enjoin city from acting on a resolution of intention to annex area which was separated into two tracts of land by triangular piece of unplatted land which contained nearly 20,000 square feet, in view of unrefuted testimony that only an area of 3,700 square feet remained after areas for creek, streets and alleys were deducted and that remainder lacked sufficient depth because of its shape, trial court did not abuse its discretion in finding that land sought to be annexed was contiguous to city.
 "Penland Et Al. v. City of Missoula" by Supreme Court of Montana " Book PDF Kindle ePub Free){kind=link}