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STATE HIGHWAY COM'N v. W. GREAT FALLS F.C. & D.D.

No. 11745.

468 P.2d 753 (1970)

The State of Montana, Acting by and through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. The WEST GREAT FALLS FLOOD CONTROL AND DRAINAGE DISTRICT et al., Defendant and Respondent.

Supreme Court of Montana.

Submitted March 9, 1970.

Rehearing Denied April 30, 1970.

Attorney(s) appearing for the Case

Robert L. Woodahl, Atty. Gen., Nicholas A. Rotering and Donald D. MacPherson, Helena, James, Crotty & Fopp, Gene I. Fopp, argued, Great Falls, for appellant.

Swanberg, Koby & Swanberg, Randall Swanberg, argued, Great Falls, for respondent.

HASWELL, Justice.

The State Highway Commission filed a declaratory judgment action in the district court against the West Great Falls Flood Control and Drainage District seeking a determination of whether it could be assessed on its highways within the District for flood control improvements contemplated by the District and if so, whether State highway trust funds could be used for this purpose in view of the anti-diversion amendment to the State constitution. The...

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