Legal Opinion
Montana Department of Transportation v. Simonson
Montana Supreme Court
Decided March 16, 2004No. 02-187PublishedCited by 6 opinions
1Opinion of the CourtJustice Nelson
¶1 Gregory and Monica Simonson (the Simonsons) appeal from a judgment and final order of condemnation and an order denying a motion for a new trial in the Eleventh Judicial District, Flathead County. We affirm in part and reverse in part.
¶2 We restate the issues on appeal as follows:
¶3 1. Whether the District Court abused its discretion in denying the Simonsons’ motion to strike the testimony of the DOT’S expert witness.
¶4 2. Whether the District Court abused its discretion in giving certain jury instructions.
¶5 3. Whether the District Court appropriately awarded costs to the DOT.
*251FACTUAL AND…
2Cases cited12 opinions
- State v. PetersonMontana Supreme Court · 1958
- Cottrell v. Burlington Northern RailroadMontana Supreme Court · 1993
- Meagher County Newlan Creek Water District, Inc. v. WalterMontana Supreme Court · 1976
- Zeke's Distributing Co. v. Brown-Forman Corp.Montana Supreme Court · 1989
- Harwood v. Glacier Electric Cooperative, Inc.Montana Supreme Court · 1997
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- City of Mission Hills v. SextonSupreme Court of Kansas · 2007
- Tripp v. Jeld-Wen, Inc.Montana Supreme Court · 2005
- K & R Partnership v. City of WhitefishMontana Supreme Court · 2008
- Jacobsen v. ThomasMontana Supreme Court · 2004
- Montana Department of Transportation v. SimonsonMontana Supreme Court · 2004
1 more not listed; retrieve them via the Exa API.