Malpeli v. State

¶ 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 of compensation. Malpeli appeals, arguing that the District Court erred by (a) denying Malpeli’s motions for judgment as a matter of law or a new trial; (b) excluding Malpeli’s appraiser…