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FAUSKE v. DEAN

No. 9761.

101 N.W.2d 769 (1960)

Ingebert FAUSKE, Plaintiff and Respondent, v. Hoadley DEAN, Erling Haugo, Paul Kretchmar and Joe Foss, members of State Highway Commission, State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

March 12, 1960.

Attorney(s) appearing for the Case

Parnell J. Donohue, Atty. Gen., John L. Wilds, Asst. Atty. Gen., for defendants and appellants.

Bangs, McCullen & Butler, and H. F. Fellows, Rapid City, for plaintiff and respondent.

BIEGELMEIER, Judge.

Plaintiff brought suit against the defendant members of the State Highway Commission of the State of South Dakota to restrain them from constructing a controlled-access interstate highway in a manner not in conformance with plans and testimony introduced in the prior condemnation action when the right of way was acquired. Plaintiff owns three tracts of land; a home place of 2,900 acres, 320 acres pasture and 160 acres wheatland. Each tract is two...

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