STATE HIGHWAY COMMISSION v. TUBBS

No. 11031.

411 P.2d 739 (1966)

The State of Montana Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Robert D. TUBBS and Jane Doe Tubbs, husband and wife, or as a single man, Defendants and Appellants.

Supreme Court of Montana.

Decided March 1, 1966.

Rehearing Denied March 18, 1966.


Attorney(s) appearing for the Case

Garlington, Lohn & Robinson, J. C. Garlington (argued), Missoula, for appellants.

Rupert C. Schneider (argued), Helena, for respondents.


JOHN C. HARRISON, Justice.

This case is another chapter of a growing volume, in the history of Interstate Highway 90, traversing Montana east and west. In condemnation proceedings, defendant-appellant, Robert D. Tubbs, was awarded $8,000 by the jury in the Fourth Judicial District Court, Missoula County, the Honorable E. Gardner Brownlee, presiding judge.

The condemned property was a fifty to sixty year old house situated on the rear portion of a sixty-foot...

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