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DEPARTMENT OF HIGHWAYS v. HY-GRADE AUTO COURT

No. 12988.

546 P.2d 1050 (1976)

The State of Montana, acting by and through the DEPARTMENT OF HIGHWAYS of the state of montana, Plaintiffs and Appellants, v. HY-GRADE AUTO COURT, a dissolved Montana Corporation, et al., Defendants and Respondents.

Supreme Court of Montana.

Decided February 18, 1976.

Rehearing Denied March 12, 1976.

Attorney(s) appearing for the Case

Daniel J. Sullivan, argued, and James M. Driscoll, argued, Helena, for plaintiffs and appellants.

Holter, Heath & Kirwan, Bozeman (Robert M. Holter, argued, Bozeman), Berger, Anderson, Sinclair & Murphy, Billings (Richard W. Anderson, argued, Billings), Yardley & Yardley (Dan Yardley, argued, Livingston), Huppert & Swindlehurst (Arnold Huppert, Jr., appeared, Livingston), for defendants and respondents.

JAMES T. HARRISON, Chief Justice.

This is an appeal from a condemnation jury verdict and judgment entered in the district court, Park County.

Hy-Grade Auto Court, is a dissolved Montana corporation holding fee title to service station property in Gardiner, Montana. The stockholders and successors to Hy-Grade are Veneta White, Ronald C. White (her son) and Glynora White (his wife), they will be collectively referred to herein as "Owner". Ralph E. Moore, Inc...

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