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CITY OF BOZEMAN v. VANIMAN

No. 93-398.

869 P.2d 790 (1994)

CITY OF BOZEMAN, Montana, a Municipal corporation, acting on Behalf of the DEPARTMENT OF TRANSPORTATION OF THE STATE OF MONTANA, Plaintiffs and Respondents, v. Donald D. VANIMAN and Cecilia R. Vaniman, Co-Trustees of Steelhead Ranches, a Trust, Defendants and Appellants.

Supreme Court of Montana.

Decided March 1, 1994.

Attorney(s) appearing for the Case

Michael G. Garrity, Kirwan & Barrett, P.C., Bozeman, for Defendants and Appellants.

Peter S. Lineberger, Lineberger, Walsh & McKenna, P.C., Bozeman, for Plaintiffs and Respondents.

TURNAGE, Chief Justice.

Defendants Donald D. and Cecilia R. Vaniman appeal from an order of the Eighteenth Judicial District Court, Gallatin County, which issued preliminary condemnation against the Vanimans' property. We reverse and remand.

We rephrase the issue on appeal as follows: Whether the District Court erred by issuing the preliminary condemnation order condemning appellants' property for construction, reconstruction, maintenance and operation of...

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