[DOWNLOAD] "State v. Stillwater County Et Al." by Supreme Court of Montana ~ eBook PDF Kindle ePub Free

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eBook details

• Title: State v. Stillwater County Et Al.
• Author : Supreme Court of Montana
• Release Date : January 01, 1937
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

APPEAL AND ERROR — INJUNCTIONS — MUNICIPAL CORPORATIONS — NOTICE — CONSTITUTIONAL LAW. 1. Appeal and Error — Equity appeals. Appeals in equity require a disposal by the Supreme Court which will put an end to litigation and avoid the necessity of new trials involving expense and contingencies incident to delay. 2. Municipal Corporations — Notice — Protest — Appearance. In action for injunction by taxpayers against city in connection with a special highway improvement district where plaintiffs alleged that they brought the action on behalf of themselves and for the benefit of all other owners of property within the district and it was admitted that no notices of passage of the resolution to create the district were mailed to certain persons, plaintiffs who had either received notice or waived notice by appearing to protest could not take advantage of the failure of notice to such other persons who neither protested nor appeared as parties to the suit. Page 285 3. Notice — Who can raise issue of want of notice. Generally, no one is entitled to raise the objection of want of notice except the party entitled to notice. 4. Notice — Notice to owners of record. Where statute requires notice to owners of property, it is generally sufficient to give notice to those whose titles appear of record. 5. Constitutional Law — Reasonable notice. Due process requires a reasonable notice so as to give everyone interested their opportunity to be heard. 6. Municipal Corporations — To whom notice must be given. Under the statute requiring a copy of the notice to be mailed to every person having property within the proposed district, city clerk was not required to mail copies of the required notice of passage of resolution of intention to create special improvement district to persons who were neither record owners nor personally known owners of an interest in property in the district. 7. Municipal Corporations — District not invalid. A special improvement district created for participation with the highway department and federal Bureau of Public Roads in reconstruction of a highway within the city boundaries was not invalid because of failure of the city clerk to mail copies of the required notice of passage of resolution creating a district to persons who were neither property owners nor personally known owners of an interest in property in the district, where the city clerk made a thorough and exhausting search of the public records in determining the ownership of tracts within the district and no greater precautions could have been taken to insure an accurate listing of property owners.

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