STATE HIGHWAY COMMISSION v. DONOVAN

No. 11333.

448 P.2d 671 (1968)

The State of Montana, Acting by and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Arthur W. DONOVAN and Genevieve I. Donovan, husband and wife and as joint tenants, Defendants and Appellants.

Supreme Court of Montana.

Submitted November 18, 1968.


Attorney(s) appearing for the Case

Keller, Magnuson & Reynolds, Paul T. Keller (argued), Helena, for appellants.

Daniel J. Sullivan (argued), John P. Poston (argued), Helena, for respondent.


JOHN C. HARRISON, Justice.

This appeal arose from a suit instituted by the State of Montana, acting by and through the State Highway Commission, to condemn certain property along west Euclid Avenue and Highway 12 located in Helena. The case was tried before a jury with the Honorable Victor H. Fall presiding. It was the duty of the jury to determine the fair compensation that should be paid the property owners for the taking.

The defendants Arthur W. Donovan...

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