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SILVER BOW COUNTY v. HAFER

No. 12823.

532 P.2d 691 (1975)

SILVER BOW COUNTY, a body politic and corporate and political subdivision of the State of Montana, Plaintiff and Respondent, v. Carl HAFER, Jr. a/k/a Carl Hafer, and Patricia Ann Hafer, Defendants and Appellants.

Supreme Court of Montana.

Decided March 4, 1975.

Attorney(s) appearing for the Case

Holland & Haxby, Robert J. Holland (argued), Butte, for defendants and appellants.

Gary Winston (argued), Maurice Hennessey (argued), Butte, for plaintiff and respondent.

JOHN C. HARRISON, Justice.

This is an appeal from a preliminary order of condemnation entered in the district court, Silver Bow County, wherein the County exercised its power of eminent domain to condemn 3.64 acres of defendants' land.

The facts of the case are: On October 15, 1970, Silver Bow County initiated an action to condemn 3.64 acres of defendants' land for the purpose of improving the Bert Mooney Silver Bow County Airport. Defendants' land was needed...

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