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MALPELI v. STATE

No. DA 11-0593.

285 P.3d 509 (2012)

2012 MT 181

Faith MALPELI, Plaintiff and Appellant, v. STATE of Montana, Defendant, Appellee, and Cross-Appellant.

Supreme Court of Montana.

Decided August 21, 2012.

Rehearing Denied September 18, 2012.

Attorney(s) appearing for the Case

For Appellant: Wade J. Dahood , Bernard J. Everett ; Knight, Dahood, Everett & Sievers; Anaconda, Montana.

For Appellee: David Lee Ohler , Jolyn E. Eggart ; Special Assistant Attorneys General, Montana Department of Transportation; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 Faith Malpeli brought an inverse condemnation action against the Montana Department of Transportation (MDT), seeking compensation for the alleged taking of her property as a result of the reconstruction of Montana Highway 191 near Big Sky, Montana during a highway safety improvement project. A jury found that MDT had not taken a property right belonging to Malpeli, and therefore did not reach the question...

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