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LAKE v. LAKE COUNTY

Nos. 87-513, 87-542.

759 P.2d 161 (1988)

Donald W. LAKE and Bernadine A. Lake, husband & wife, Plaintiffs and Appellants. v. LAKE COUNTY, Montana, and Individual Members of the Lake County Board of Commissioners, Defendants and Respondents. The CITY OF RONAN, a Montana Municipal corporation, Plaintiff and Respondent, v. Donald William LAKE, a/k/a Donald W. Lake, and Bernadine A. Lake, Defendants and Appellants.

Supreme Court of Montana.

Decided August 2, 1988.

Attorney(s) appearing for the Case

Edward K. Duckworth, Ronan, for plaintiffs and appellants.

William H. Coldiron, Gough, Shanahan, Johnson & Waterman, Helena, Larry J. Nistler, County Atty., David Tilton, Deputy County Atty., Polson, for defendants and respondents.

Philip J. Grainey, French Mercer & Grainey, Polson, for amicus curiae.

SHEEHY, Justice.

This action was commenced as an eminent domain proceeding brought by the City of Ronan (Ronan) to condemn land owned by the Lakes in furtherance of an airport expansion project. Donald and Bernadine Lake responded by seeking a preliminary injunction halting the action by Ronan, summary judgment and a delay in the proceedings. The Lakes also sought a preliminary injunction against Lake County prohibiting funding of Ronan's actions. Following a hearing...

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