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EVERTZ v. STATE

No. 90-582.

815 P.2d 135 (1991)

Ted EVERTZ, Petitioner and Appellant, v. STATE of Montana, Montana Board of Land Commissioners, Department of State Lands, Cory B. Martinson and Irene B. Martinson, Respondents.

Supreme Court of Montana.

Decided July 2, 1991.

Attorney(s) appearing for the Case

James A. Patten, Patten Law Firm, Billings, for petitioner and appellant.

Lon J. Maxwell, Dept. of State Lands, Helena, for respondents State of Montana.

Jock O. Anderson, Gough, Shanahan, Johnson & Waterman, Helena, for respondents Martinson.

TRIEWEILER, Justice.

Ted Evertz appeals the decision of the District Court of the First Judicial District for Lewis and Clark County, affirming an appraisal made by the Department of State Lands of improvements to a State Land lease formerly owned by Evertz. We affirm the District Court.

The issue on appeal is whether the District Court erred in accepting the Department's appraisal over the values proffered by Evertz...

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