State Ex Rel. Montana Department of Transportation v. Asbeck

¶1 Hugo J. Asbeck, Jr. and Elaine Asbeck (the Asbecks) appeal the judgment of the Seventh Judicial District Court, Richland County, ordering that the State of Montana Department of Transportation (the DOT) to pay interest on only $7,187 of the remaining $24,780 settlement paid to the Asbecks.

¶2 We reverse and remand for proceedings consistent with this Opinion.

¶3 We address the following issue on appeal:

¶4 Did the District Court err in determining that the DOT only had to pay interest on $7,187 of the $24,780 remaining settlement paid to the Asbecks?

FACTUAL AND PROCEDURAL BACKGROUND

¶5 The DOT…