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McEWEN v. MCR, LLC

No. DA 11-0722.

291 P.3d 1253 (2012)

2012 MT 319

David L. McEWEN and Lenora D. McEwen, Plaintiffs and Appellees, v. MCR, LLC and MCR Transmission, LLC, Defendants and Appellants.

Supreme Court of Montana.

Decided December 31, 2012.

Attorney(s) appearing for the Case

For Appellants: John G. Crist ; Crist, Krogh & Nord, LLC, Billings, Montana.

For Appellee: Kevin S. Brown ; Fred Paoli, Jr. ; Paoli & Brown, P.C., Livingston, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 MCR, LLC (MCR) filed an action for condemnation of a compressor station site on property owned by appellees David and Lenora McEwen (McEwens). McEwens counterclaimed against MCR for damage to McEwens' property. McEwens also claimed punitive damages. McEwens sought restoration costs as the measure of damages for their contract, trespass, and nuisance claims. The parties stipulated to the substitution...

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