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HOWARD v. STATE

No. 80-488.

647 P.2d 828 (1982)

Ivan HOWARD, Plaintiff and Respondent, v. STATE of Montana, department of Military Affairs, Defendant and Appellant.

Supreme Court of Montana.

Decided June 24, 1982.

Rehearing Denied July 19, 1982.

Attorney(s) appearing for the Case

J. Denny Moreen and J. Daniel Hoven, Asst. Attys. Gen., argued, Helena, for defendant and appellant.

Patrick F. Hooks and Thomas A. Budewitz, argued, Townsend, for plaintiff and respondent.

HARRISON, Justice.

This appeal results from an action by a developer, Ivan Howard, against the State Department of Military Affairs (hereinafter the State) for inverse condemnation. Following a jury verdict for the State in the First Judicial District, Broadwater County, the trial court granted Howard's motion for a new trial. The State appeals.

This dispute involves 183 acres in the Limestone Hills area southwest of Townsend, Montana. The land was owned by...

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