State ex rel. State Highway Commission v. McGaffick

HONORABLE LeROY McKINNON, District Judge,

sitting in place of Mr. Justice John C. Harrison, delivered the Opinion of the Court.

The appellant brought an action in eminent domain to take for highway purposes, a triangular tract of land, containing *78approximately 340.1 square feet, said tract being part of a larger tract located at the intersection of Main Street and Lyndale Avenue, in the City of Helena, Montana. The tract was owned by George T. and Lois J. McGaffick, with a mortgage to the Husky Oil Company and an option to purchase in Husky Oil Company, and a lease to Lawrence T. Kain, Walter…