State ex rel. State Highway Commission v. District Court of the Thirteenth Judicial District

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an original proceeding. Relator, Montana State Highway Commission, seeks an appropriate writ to require the respondent district court to vacate and annul that portion of its order of January 28, 1972, fixing October 24, 1971, as the date for determining the actual value of the condemned property for the measure of compensation of the interests therein of defendant Robert Lawrence Fradet.

The condemnation action involved is cause No. 4033, pending in the district court of Stillwater County, entitled:

"The State of…