[Download] "City of Missoula v. Rose" by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: City of Missoula v. Rose
- Author : Supreme Court of Montana
- Release Date : January 21, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
This action involves the proper construction of an easement deed for land in Missoula County, Montana. In 1963 the respondent, hereafter called the City, created a Special Improvement District for the purpose of constructing a sanitary sewer line to extend city sewer service to the real property that is the subject of this litigation. On October 5, 1963, the appellants predecessor in interest granted and conveyed, by a written instrument to the City "* * * a permanent easement and right-of-way, for the purpose of constructing, maintaining and removing a sanitary sewer line as now surveyed and located, over, under and across all that portion of the following described premises lying southwest of the following described line * * *. Thereafter followed a legal description of the land subject to the easement. That legal description was erroneous. The City had the sewer line constructed and the construction was completed in December 1963. As constructed, the sewer line entered on the property from its western boundary and extended across the property for about one-third of its width terminating with a manhole at the eastern most end of the sewer line. All of the land to the east of the property was agricultural at that time. Subsequently, the agricultural land was subdivided and sold for building sites. The present owners of these building sites applied to the City for the creation of a Special Improvement District to extend city sanitary sewer services to their property. In 1972 the City created another Special Improvement District and construction of the sewer line was commenced with the intention of connecting the second sewer line to the eastern terminus of the city sewer system, which was on appellants land.
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