O Neill v. State Dept. of Highway

Daniel and Helen O’Neill appeal a Silver Bow County District Court order granting summary judgment to the defendant State of Montana. The issues on appeal are: (1) whether the District Court erred in refusing to consider an affidavit that appellants submitted at the summary judgment hearing, and (2) whether the District Court properly ruled that there was not a “taking” by the State of a strip of appellants’ real property. We affirm.

The appellants own a parcel of land situated at the intersection of Harrison Avenue and Lowell Avenue in Butte, Montana. Both streets have been public…