State Ex Rel. Department of Highways v. Olsen

These appeals arise from a condemnation action brought by the State Department of Highways in the district court, Ravalli County. Defendants, Orion and Esther Health, the landowners, appeal from district court’s refusal to award them their alleged “expenses of litigation”. The State cross-appeals from the judgment awarding $68,000 as just compensation for the taking.

Heaths owned and operated a “mom and pop” grocery store in Florence, Montana. The store with living quarters attached, is situated on a lot fronting on U.S. Highway 93. State Department of Highways’ plan for improving that highway…