State Ex Rel. State Highway Commission v. Keneally

MR. CHIEF JUSTICE JAMES T. HARRISON

delivered the Opinion of the Court.

This is an appeal from a judgment entered in the district court of Deer Lodge County in a condemnation proceeding instituted by the State of Montana, the plaintiff and appellant.

The defendant operates a chain of service stations. In the Summer of 1959, he constructed a station about one-half mile east of Anaconda. This station, which turned out to be his most profitable one, was located on a tract of land adjacent to and north of Highway 10-A. The tract, 300 feet square in area, was owned by the Anaconda Company. On July 1,…