STATE HIGHWAY COMMISSION v. ARMS

No. 12404.

518 P.2d 35 (1974)

The State of Montana, Acting By and Through the STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Appellant, v. Benton H. ARMS et al., Defendants and Respondents.

Supreme Court of Montana.

Decided January 4, 1974.


Attorney(s) appearing for the Case

Harry C. Alley and James R. Beck, argued, Helena, for plaintiff and appellant.

Corette, Smith & Dean, Butte, Dolphy O. Pohlman, Jr., argued, Butte, Kendrick Smith, appeared, Butte, for defendants and respondents.


LeROY L. McKINNON, District Judge*.

This is a highway condemnation proceeding. Respondents' land is located near Divide, at the intersection of old U.S. Highway No. 91 and Montana Route No. 43. Located on the part nearest the highway is a structure containing a bar, living quarters and a cafe. Next to this is a small service station and at the rear of the property are three trailer pads with trailers and one small rental house. The State...

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