SCHARA v. ANACONDA CO.

Nos. 14829, 14800.

610 P.2d 132 (1980)

John V. SCHARA and Mardell Schara, Plaintiff and Respondents and Cross-Appellants, v. The ANACONDA COMPANY, a Delaware Corp., Defendant and Appellant. The ANACONDA CO., Relator, v. The Hon. James D. Freebourn, District Judge Presiding in the District Court of the Second Judicial District, et al., Respondents.

Supreme Court of Montana.

Decided April 24, 1980.

Rehearing Denied May 21, 1980.


Attorney(s) appearing for the Case

Poore, Roth, Robischon & Robinson, Urban Roth, argued, Butte, for defendant and appellant.

McCaffery & Peterson, John L. Peterson argued, Butte, for respondents.


HASWELL, Chief Justice.

This is an appeal in which two actions have been consolidated. The first is a condemnation action brought by The Anaconda Company (Anaconda) to condemn approximately two acres of land in the Columbia Gardens Addition of Butte, Montana. The property sought to be condemned is owned by John and Mardell Schara (Scharas). The second is an action brought by the Scharas to enjoin Anaconda from allegedly violating the conditions of a restrictive covenant...

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