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CITY OF HELENA v. DeWOLF

No. 12333.

508 P.2d 122 (1973)

CITY OF HELENA, Montana et al., Plaintiff and Respondent, v. Anna Mae DeWOLF et al., Defendants and Appellants.

Supreme Court of Montana.

Submitted March 5, 1973.

Rehearing Denied April 16, 1973.

Attorney(s) appearing for the Case

Gough, Booth, Shanahan & Johnson, Helena, Ronald F. Waterman (argued) Helena, Edward Booth appeared, Helena, for defendants and appellants.

Keller, Reynolds & Drake, Helena, Keith Keller (argued), Helena, C.W. Leaphart, Jr. (argued), Helena, for plaintiff and respondent.

CASTLES, Justice.

This is an appeal from a preliminary order of condemnation. Plaintiff city of Helena brought this action seeking to condemn and take by eminent domain defendants' property located in the city of Helena. The trial court held a hearing on necessity and entered its preliminary order of condemnation. After exceptions were overruled, defendants appealed.

Defendants are owners of property consisting of some four lots or about 9,000 square feet...

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