Legal Opinion

State ex rel. Department of Highways v. Helehan

Montana Supreme Court

Decided August 27, 1980No. 80-60PublishedCited by 7 opinions

1Opinion of the CourtJustice Sheehy

The State, through its Department of Highways, appeals from a judgment of the Second Judicial District Court, Silver Bow County, awarding expenses of litigation in an eminent domain proceeding to Thomas Helehan.

The State’s appeal is grounded on its contentions that: (1) Helehan’s cost bill was not timely filed, (2) witnesses were not disclosed to the State prior to trial, (3) the State was not given a chance to depose some witnesses before trial, (4) there is no evidence to justify the attorney fees granted for Joseph Engel, (5) it is unlawful to grant more than one attorney fee in a…

2Cases cited5 opinions

  1. Crncevich v. Georgetown Recreation CorporationMontana Supreme Court · 1975
  2. State, by and Through State Hwy. Com'n v. MarshMontana Supreme Court · 1978
  3. Gahagan v. GuglerMontana Supreme Court · 1935
  4. State Ex Rel. Department of Highways v. HelehanMontana Supreme Court · 1977
  5. Callant v. Federal Land Bank of SpokaneMontana Supreme Court · 1979

3Cited by7 opinions

  1. Solko v. State Roads Commission of State Highway AdministrationCourt of Special Appeals of Maryland · 1990
  2. State Ex Rel. Montana Department of Transportation v. SlackMontana Supreme Court · 2001
  3. Karell v. American Cancer Society, Montana Division, Inc.Montana Supreme Court · 1989
  4. STATE, BY & THROUGH DEPT. OF HYS. v. HelehanMontana Supreme Court · 1980
  5. Enviro. Contractors v. MoonMontana Supreme Court · 2002

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