Harlen v. City of Helena

Plaintiffs filed a complaint in September, 1982, challenging the validity of a Helena city ordinance. The matter was brought before the District Court of the First Judicial District, Lewis and Clark County, the Hon. Mark P. Sullivan presiding. Plaintiffs and the defendant City sought summary - Page 47 judgment, there being no factual disputes. The trial court heard oral argument and accepted written briefs, and entered its findings of fact and conclusions of law and summary judgment for the defendant City on March 22, 1983. Plaintiffs appeal from the findings, conclusions and judgment of that court. For the reasons stated below, we reverse the judgment of the trial court.