NORTHERN LIGHTS, INC. v. DEPT. OF HWYS

No. 93-554.

874 P.2d 6 (1994)

NORTHERN LIGHTS, INC., an Idaho corporation, Plaintiff and Respondent, v. The STATE of Montana, DEPARTMENT OF HIGHWAYS, Defendant and Appellant.

Supreme Court of Montana.

Decided May 3, 1994.


Attorney(s) appearing for the Case

Nick A. Rotering and James R. Beck, Dept. of Transp., Helena, for defendant and appellant.

Larry D. Epstein and Thane P. Johnson, Werner, Epstein & Johnson, Cut Bank, for plaintiff and respondent.


TURNAGE, Chief Justice.

The State of Montana, Department of Highways, now the Department of Transportation (Department), appeals from a summary judgment order of the First Judicial District Court, Lewis and Clark County. The court ordered the Department to reimburse Northern Lights, Inc. (Northern), an Idaho utility company, for 75 percent of expenses incurred in relocating its utility facilities which were situated near a federal-aid secondary road in rural Lincoln...

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