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CITY OF BOZEMAN v. VANIMAN

No. 94-625.

898 P.2d 1208 (1995)

CITY OF BOZEMAN, Montana, a Municipal Corporation, Acting on Behalf of the DEPARTMENT OF TRANSPORTATION OF the STATE OF MONTANA, Plaintiffs, Respondents, and Cross-appellants v. Donald D. VANIMAN and CEcilia R. Vaniman, Co-Trustees of Steelhead Ranches, a Trust, Defendants and Appellants.

Supreme Court of Montana.

Decided June 29, 1995.

Attorney(s) appearing for the Case

Michael G. Garrity, Anacker & Garrity, Bozeman, for appellants.

Peter S. Lineberger, Spokane, WA, for respondents.

WEBER, Justice.

This is an appeal from a decision by the Eighteenth Judicial District Court, Gallatin County, determining that the State had lawfully exercised its power of eminent domain, but that the Bozeman Chamber of Commerce could not be part of the planned highway interchange building complex. We affirm.

We consider the following issue:

Did the District Court err in finding that the State had lawfully exercised its power of eminent domain but...

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