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CURRAN v. DEPARTMENT OF HIGHWAYS

No. 92-388.

852 P.2d 544 (1993)

D. Michael CURRAN, Plaintiff and Appellant, v. DEPARTMENT OF HIGHWAYS of the State of Montana, Defendant, Respondent and Cross-Appellant.

Supreme Court of Montana.

Decided April 29, 1993.

Attorney(s) appearing for the Case

William G. Sternhagen, Sternhagen Law Firm, Helena, for plaintiff and appellant.

Stephen F. Garrison, Nick A. Rotering and James R. Beck, Legal Services, Dept. of Transp., Helena, for defendant and respondent.

HARRISON, Justice.

Appellant D. Michael Curran (Curran) appeals an order of the First Judicial District Court, Lewis and Clark County, denying his request for an injunction and dismissing his complaint against the Montana Department of Highways (Department). The Department cross-appeals. We affirm.

Montana Highway 200 crosses Flat Creek on Curran's property in Lewis and Clark County northeast of Bowmans Corner. In 1985 the Department reconstructed the highway...

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