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HELENA VALLEY IRRIGATION DIST. v. ST. HWY. COMM'N

No. 11211.

433 P.2d 791 (1967)

150 Mont. 192

HELENA VALLEY IRRIGATION DISTRICT, Plaintiff and Appellant, v. STATE HIGHWAY COMMISSION et al., Defendants and Respondents.

Supreme Court of Montana.

Decided November 1, 1967.

Rehearing denied December 6, 1967.

Attorney(s) appearing for the Case

Small & Cummins and Carl Hatch, Floyd O. Small (argued), Robert T. Cummins (argued), Helena, for appellant.

Herron & Reber, Clayton Herron (argued), Helena, for respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal by the plaintiff, Helena Valley Irrigation District, hereafter called District, from an adverse judgment in a declaratory judgment action. The action was brought for a determination of plaintiff's rights to recover a portion of future operation and maintenance assessments from the defendant, State Highway Commission, hereafter called Commission, when it exercises the power of eminent domain to take land within the...

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