State Ex Rel. Elakovich v. Zbitnoff

This is an appeal by relator Steve Elakovich, d/b/a The Blue Bird Bar, from an order directing the issuance of a peremptory writ of mandate. The action was heard by the district court of the second judicial district, sitting without a jury. The court entered such order in favor of relator-appellant, from which this appeal is taken.

Appellant instituted this appeal by submitting a judgment roll, nothing else. Thus, we have no knowledge of the facts and circumstances as they existed at the hearings.

The briefs disclose that prior to 1958, the respondent Montana State Highway Commission,…