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STATE HIGHWAY COMMISSION v. GREENFIELD

No. 10754.

399 P.2d 989 (1965)

The State of Montana, STATE HIGHWAY COMMISSION of this State of Montana, and Harry L. Burns, L. V. Swanson, Otis S. Waters, S. N. Halverson, and Roy L. Sorrels, as Members of and constituting the State Highway Commission of the State of Montana, Plaintiffs and Appellants, v. Marguerite GREENFIELD, a single woman, charles D. Greenfield, a married man, Thomas L. Greenfield, a married man, Heirs of Marietta Greenfield, deceased, and Mrs. Marriet E. Munger, County Treasurer of Lewis and Clark County, Montana, and Lowis and Clark County, Montana, a body police, Defendants and Respondents.

Supreme Court of Montana.

Decided March 12, 1965.

Attorney(s) appearing for the Case

Clayton R. Herron (argued), Helena, Forrest H. Anderson, Atty. Gen., Helena, for appellants.

Arthur P. Acher (argued), Helena, Wellington D. Rankin (argued), Helena, for respondents.

LEROY L. McKINNON, District Judge.

The Montana State Highway Commission sought to condemn certain lands located near the eastern city limits of Helena, Montana, at the junction of U.S. 91 and U.S. 10N. The land was shown to be necessary for the Interstate Highway System. The three commissioners appointed to assess the damages reported that the damages were in the sum of $57,500. The State appealed and the case was tried in November of 1961, resulting in a verdict...

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