STATE BY DEPT. OF HIGHWAY v. FEENAN

No. 87-62.

752 P.2d 182 (1988)

The STATE of Montana, Acting By and Through the DEPARTMENT OF HIGHWAYS OF the STATE of Montana, Plaintiffs and Respondents, v. Thomas M. FEENAN and Robert G. Feenan, as tenants in common, Jane Doe Feenan, as wife of Thomas M. Feenan; Jane Roe Feenan, as wife of Robert G. Feenan, Defendants and Appellants.

Supreme Court of Montana.

Decided March 25, 1988.


Attorney(s) appearing for the Case

McGarvey, Heberling, Sullivan & McGarvey, Allan M. McGarvey (argued), Kalispell, for defendants and appellants.

W.D. Hutchison (argued), Dept. of Highways, Helena, for plaintiffs and respondents.


HUNT, Justice.

This action arose from a condemnation of appellants' property which adjoins U.S. Highway 40 which is now U.S. Highway 2 near Columbia Falls, Montana. The Feenans appeal from the judgment of the District Court, Eleventh Judicial District, Flathead County. Judgment was entered after a seven day trial in which the jury awarded appellants $16,500 for 2.04 acres of land as "damages for property taken." The jury awarded Feenans nothing for "damages or depreciation...

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