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STATE EX REL. SMART v. CITY OF BIG TIMBER

No. 12705.

528 P.2d 688 (1974)

STATE of Montana upon the relation of C.E. SMART, Petitioner, v. CITY OF BIG TIMBER, Montana, et al., Respondents. Ben BERG et al., Board of Trustees of School District No. 1 of Sweet Grass County, Montana, Plaintiffs and Appellants, v. CITY OF BIG TIMBER, Montana, et al., Defendants and Appellants.

Supreme Court of Montana.

Decided November 15, 1974.

Rehearing Denied December 6, 1974.

Attorney(s) appearing for the Case

Conrad B. Fredricks, County Atty., argued, Big Timber, Richard Josephson, City Atty. argued, Big Timber, for appellants.

Thomas H. Mahan, argued, Helena, for respondents.

HASWELL, Justice.

This appeal arises from the judgment of the district court, Sweet Grass County, following a combined trial of a condemnation action and a petition for a writ of mandate. Most of the essential facts were agreed upon and incorporated in a pretrial order.

Both cases involved proposed alterations to Sixth Avenue in Big Timber, Montana. The plat of that street shows it to be an eighty foot strip of land bordered by property zoned as residential...

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