City of Helena v. Celar

Montana Supreme Court

City of Helena v. Celar

488 P.2d 905, 158 Mont. 65, 1971 Mont. LEXIS 342

CourtMontana Supreme Court

DecidedSeptember 7, 1971

DocketNo. 12058

StatusPublished

This text of 488 P.2d 905 (City of Helena v. Celar) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Helena v. Celar, 488 P.2d 905, 158 Mont. 65, 1971 Mont. LEXIS 342 (Mo. 1971).

Pincite

Opinion

PER CURIAM:

The city brought this action to enjoin defendant’s use of certain real property which he has owned since 1959, contending that such use was in fact an unlicensed automobile [66]*66wrecking yard under the • provisions of a city ordinance enacted in July of 1969, declaring such operation to be a public nuisance. The ease was tried before the court, sitting without a jury, and at the close of plaintiff’s case defendant moved to dismiss the complaint on the ground that there was a total failure of proof of the allegations of the complaint except as to the ownership of the property and passage of the city ordinance.

Counsel argued the merits of the motion and the court expressed the view that there had been no change in the use of the premises since long before the passage of the ordinance; that if the property were a nuisance the city could proceed to abate it but that the evidence in the case fell far short ■of proving any nuisance; the court then granted the motion and dismissed the action. This appeal followed.

Plaintiff contends the court erred in granting the motion and dismissing the complaint and cites us to many authorities. We do not disagree with the authorities cited but the court denied the relief here sought because of the failure to prove any nuisance. We have examined the record before the district court and it is our view that the court was correct in its ruling and the judgment should be affirmed. No purpose would be served by an extended discussion of the facts, contentions of the parties, or the law applicable.

The judgment is affirmed.

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PER CURIAM:

The city brought this action to enjoin defendant’s use of certain real property which he has owned since 1959, contending that such use was in fact an unlicensed automobile [66]*66wrecking yard under the • provisions of a city ordinance enacted in July of 1969, declaring such operation to be a public nuisance. The ease was tried before the court, sitting without a jury, and at the close of plaintiff’s case defendant moved to dismiss the complaint on the ground that there was a total failure of proof of the allegations of the complaint except as to the ownership of the property and passage of the city ordinance.

Counsel argued the merits of the motion and the court expressed the view that there had been no change in the use of the premises since long before the passage of the ordinance; that if the property were a nuisance the city could proceed to abate it but that the evidence in the case fell far short ■of proving any nuisance; the court then granted the motion and dismissed the action. This appeal followed.

Plaintiff contends the court erred in granting the motion and dismissing the complaint and cites us to many authorities. We do not disagree with the authorities cited but the court denied the relief here sought because of the failure to prove any nuisance. We have examined the record before the district court and it is our view that the court was correct in its ruling and the judgment should be affirmed. No purpose would be served by an extended discussion of the facts, contentions of the parties, or the law applicable.

The judgment is affirmed.

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Bluebook (online)

488 P.2d 905, 158 Mont. 65, 1971 Mont. LEXIS 342, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-helena-v-celar-mont-1971.