Judge allows suit over Helena street assessments to proceed

Nolan Lister

A District Court judge partly ruled against the city of Helena, which sought to dismiss a lawsuit filed in January alleging its street maintenance district and assessments violate Montana laws.

District Court Judge Christopher Abbott in an order and opinion filed in August stated portions of the lawsuit will be allowed to proceed while others were dismissed.

The petitioners, three Helena business owners, allege in the suit that the city’s street maintenance district boundaries and the way in which it calculates, levies and spends district assessments are illegal. They are also requesting the city refund of assessments for themselves and “all similarly situated property owners.”

The plaintiffs are listed as RGB Investments, LLC, which owns a commercial building at 2823 Airport Road; 80 Proof, LLC, which owns the Loose Caboose parcel at 11 E. Lyndale Ave. and the 4-Js parcel at 1827 Prospect Ave.; CAS Holdings, LLC, which owns the buildings that house Sunset Casino and Jalisco Mexican Grill at 908 Euclid Ave. and Fritzies Casino at 1151 Partridge Place; and the Blatter Family Trust as represented by Trustee Maureen Blatter, which owns commercial property at 2500 N. Cook St.

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