State Ex Rel. Department of Highways v. City of Helena

Defendant City of Helena appeals from a declaratory judgment entered June 19, 1980, in the District Court of the First Judicial District. The judgment ordered the City to pay 25 percent of costs incurred in the relocation of certain facilities owned by the City.

On August 9, 1974, Helena’s Broadway Avenue between Montana and Warren Streets was approved to become part of the Federal Aid Urban System. With such designation, jurisdiction over Broadway Avenue was transferred from the City to the Montana Highway Department. Construction of the project was completed on May 15, 1979.

A necessary part…