Deschner v. State, Department of Highways

¶1 Jane Deschner and Jon Lodge (Deschner and Lodge), appeal the October 6, 2016 judgment by the Thirteenth Judicial District Court, Yellowstone County. Deschner and Lodge challenge the District Court’s jury instruction on inverse condemnation. We address the following issue:

Whether the District Court’s jury instruction on inverse condemnation was erroneous.

¶2 We affirm.

PROCEDURAL AND FACTUAL BACKGROUND

¶3 This case concerns a rockfall that damaged Deschner and Lodge’s residence at 1313 Granite Avenue, Billings, Montana, near the Billings Rimrocks (Rims). Originally constructed in the 1970s,…