State ex rel. Smart v. City of Big Timber

This appeal arises from the judgment of the district court, Sweetgrass County, following a combined trial of a condemnation action and a petition for a writ of mandate. Most of the essential facts were agreed upon and incorporated in a pretrial order.

Both cases involved proposed' alterations to Sixth Avenue in Big Timber, Montana.. The plat of that street shows it to be an eighty foot strip of land bordered by property zoned as residential. The portion used for vehicular traffic is forty feet wide, with twenty foot strips on either side containing sidewalks and grass parking areas.

Respondent…