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STATE, DEPT. OF HIGHWAYS v. DeTIENNE

No. 85-155.

707 P.2d 534 (1985)

The STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Respondent. v. Victor and Vibeke DeTIENNE, husband & wife, Defendants and Appellants.

Supreme Court of Montana.

Decided October 10, 1985.

Attorney(s) appearing for the Case

O'Toole & Hunt, Plentywood, for defendants and appellants.

Beate Galda, Dept. of Highways, Helena, for plaintiff and respondent.

HARRISON, Justice.

This is an appeal from the District Court of the Fifteenth Judicial District, Sheridan County, Montana, in a highway condemnation action. A six-man jury found the defendant-appellants negligent in constructing a building as close to the highway as they did and returned a verdict for the appellants of $5,802.60 for the land taken by the State of Montana. The jury found no depreciation to the remaining property. We affirm.

The plaintiff, State...

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