Hames v. City of Polson · 123 Mont. 469

Later courts went against this

Overruled on other grounds by Prezeau v. City of Whitefish, 198 Mont. 416 (1982)
(1950), 123 Mont. 469, 484, 215 P.2d 950, 958; overruled on other grounds in Prezeau v. City of Whitefish (1982), 198 Mont. 416, 420, 646 P.2d 1186, 1189.
Montana Supreme CourtJun 21, 1982other groundsmedium confidenceRead it

The opinion

MR. JUSTICE FREEBOURN:

I dissent.

The Poison Country Club golf course would be a credit to any community. Its members are entitled to every right enjoyed by other country club members all over Montana.

The complaint and the evidence submitted in support thereof do not warrant the injunction issued.

The deed of the golf course from the country club to the city of Poison was given solely for the purpose of securing federal funds to improve the course and büild a clubhouse, a procedure followed in other Montana towns. The parties, by the deed, intended the country club should govern and manage its own property by stating, in the deed, that a commission of three, one councilman and “two * * * members in good standing of the *486 Poison Country Club” .shall “govern and manage said " * * golf course.”