State ex rel. Department of Highways v. McGuckin

This appeal arises out of a condemnation action brought before the Eleventh Judicial District Court, Flathead County. Appellants are defendant land owners of commercial properties located in Coram, Montana, condemned by the Department of Highways of the State of Montana (Department). A final settlement of the amount of just compensation was reached after some 2Vz years of negotiation and progress toward trial. The landowners submitted an itemized Memorandum of Litigation Expenses, including attorney fees, which the Department opposed. A hearing was held on the litigation expense issue.…