Erie v. State ex rel. State Highway Commission

This is an appeal by the defendant State Highway Commission from orders of the district court of Stillwater County granting a permanent injunction prohibiting the construction of a planned interchange on Interstate 90 and also a writ of mandate ordering the commission to construct two full diamond interchanges on that interstate highway.

The action for injunction was commenced by plaintiffs on August 25, 1967 on behalf of themselves and all other persons similarly situated. The action for a writ of mandate was started on June 27, 1968. The town of Columbus, Montana, filed a petition to…