Smith v. Howery

This appeal arises from a summary judgment granted plaintiffs by the District Court of the Fifth Judicial District in and for Beaverhead County. We affirm.

This appeal is but the latest in a series of actions arising from a condemnation proceeding initiated in 1979. In February of 1979, the State of Montana filed in Beaverhead County an action to condemn .76 of an acre of property belonging to Clinton and Jacqueline Howery. The State and the Howerys had been unable to agree on compensation so the suit was filed and the Howerys hired to represent them attorneys Kendrick Smith, Max Hansen and W.…