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STATE, DEPT. OF HIGHWAYS v. CITY OF HELENA

No. 80-306.

632 P.2d 332 (1981)

The STATE of Montana, acting By and Through the DEPARTMENT OF HIGHWAYS of the State, Plaintiff and Respondent, v. The CITY OF HELENA, Defendant and Appellant.

Supreme Court of Montana.

Decided August 11, 1981.

Attorney(s) appearing for the Case

Hull & Sherlock, Helena, Jeffrey M. Sherlock, argued, Helena, for defendant and appellant.

Beate Galda, argued, Helena, for plaintiff and respondent.

HASWELL, Chief Justice.

Defendant City of Helena appeals from a declaratory judgment entered June 19, 1980, in the District Court of the First Judicial District. The judgment ordered the City to pay 25 percent of costs incurred in the relocation of certain utility facilities owned by the City.

On August 9, 1974, Helena's Broadway Avenue between Montana and Warren Streets was approved to become part of the Federal Aid Urban System. With such designation, jurisdiction...

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