STATE ETC. v. STANDLEY BROS.

No. 84-474.

699 P.2d 60 (1985)

The STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS of the State of Montana, Plaintiffs and Respondents, v. STANDLEY BROTHERS, Mike Standley and Robert Standley, Defendants and Appellants.

Supreme Court of Montana.

Decided April 18, 1985.

Rehearing Denied May 23, 1985.


Attorney(s) appearing for the Case

Church, Harris, Johnson & Williams, Richard F. Gallagher, Great Falls, for defendants and appellants.

James A. Lewis, Dept. of Highways, Helena, for plaintiffs and respondents.


HARRISON, Justice.

This is an appeal from a proceeding in eminent domain instituted by the Montana Department of Highways to acquire an interest in a leasehold for purposes of reconstructing a rural secondary highway. The District Court, Eighth Judicial District, Cascade County, issued a preliminary order of condemnation in favor of the Highway Department and the Standley Brothers, owners of the leasehold interest, brought this appeal.

In 1975 the Cascade...

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