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DARNALL v. STATE

No. 9859.

108 N.W.2d 201 (1961)

Jay DARNALL and Helen Darnall, Plaintiffs and Respondents, v. STATE of South Dakota, and Ralph Herseth, M. W. Clarkson, John A. Engel, and Guy G. Gleason, as members of the State Highway Commission of the State of South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

March 3, 1961.

Attorney(s) appearing for the Case

John B. Wehde and Robert V. Haeder, Asst. Attys. Gen., and Parnell J. Donohue, Atty. Gen., Pierre, on the brief, for defendants and appellants.

Joseph M. Butler, Bangs, McCullen, Butler & Foye, and H. F. Fellows, Rapid City, and T. R. Lehnert, Rapid City, on the brief, for plaintiffs and respondents.

BIEGELMEIER, Judge.

This is what plaintiff terms an inverse condemnation action against the state of South Dakota and the members of the State Highway Commission for damages for claimed loss of access to a highway. Plaintiffs are the owners of three lots on the edge of the village of Piedmont with 150 feet of frontage on the west side of First Street; on these were a small cafe, a two-unit and a four-unit cabin and a gas pump. The street was 80 feet in width and designated...

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