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STATE, BY AND THROUGH STATE HIGHWAY v. DONNES

No. 14517.

609 P.2d 1213 (1980)

The STATE of Montana, acting By and Through STATE HIGHWAY COMMISSION of the State of Montana, Plaintiff and Respondent, v. Adeline DONNES, Defendant and Appellant.

Supreme Court of Montana.

Decided April 10, 1980.

Rehearing Denied May 19, 1980.

Attorney(s) appearing for the Case

M. Gene McLatchy, Highway Legal Dept., Helena, for defendant and appellant.

Peterson & Hunt, Billings, for plaintiff and respondent.

SHEA, Justice.

Adeline Donnes, the owner of ranch land in Yellowstone County, appeals from a judgment of the Yellowstone County District Court, entered on the basis of a jury verdict awarding her $10,653.38 for land condemned by the State of Montana.

The landowner asks for a new trial on three grounds. She contends first, that the trial court erred in refusing her testimony as to the depreciation in value to the land remaining after the take; second, that...

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