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STATE DEPT. OF HIGHWAYS v. DONNES

No. 85-270.

711 P.2d 805 (1985)

STATE of Montana acting by and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiff and Respondent, v. Adeline DONNES and Joseph Ruff, Defendants and Appellants.

Supreme Court of Montana.

Decided December 30, 1985.

Attorney(s) appearing for the Case

Peterson, Schofield & Leckie, K.D. Peterson, Billings, for defendants and appellants.

M. Gene McLatchy, Dept. of Highways, Helena, for plaintiff and respondent.

TURNAGE, Chief Justice.

Adeline Donnes appeals from a judgment of the District Court, Thirteenth Judicial District, Yellowstone County, awarding her $700 as just compensation for the temporary taking of a haul road on her ranch east of Billings.

Appellant alleges that the District Court erred in failing to award her all of the damages she suffered from the haul road and gravel removal operations of the State Highway Department. The State does not appeal any...

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