MONTANA DEPT. OF TRANSP. v. SIMONSON

No. 02-187.

87 P.3d 416 (2004)

2004 MT 60

MONTANA DEPARTMENT OF TRANSPORTATION, Plaintiff and Respondent, v. Gregory T. SIMONSON and Monica A. Simonson, Husband and Wife, Defendants and Appellants.

Supreme Court of Montana.

Decided March 16, 2004.


Attorney(s) appearing for the Case

For Appellant: Peter W. LaPanne, LaPanne Law Firm, Missoula, Montana; M. Gene McLatchy, Missoula, Montana.

For Respondent: Timothy W. Reardon & Susan J. Rebeck, Legal Services Unit, Department of Transportation, Helena, Montana.


Justice JAMES C. NELSON delivered the Opinion of the Court.

¶ 1 Gregory and Monica Simonson (the Simonsons) appeal from a judgment and final order of condemnation and an order denying a motion for a new trial in the Eleventh Judicial District, Flathead County. We affirm in part and reverse in part.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Whether the District Court abused its discretion in denying the Simonsons' motion...

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