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HURLEY v. RAPID CITY

No. 10021.

121 N.W.2d 21 (1963)

Marcellus S. HURLEY, and Vora Jane Hurley, Plaintiffs and Respondents, v. CITY OF RAPID CITY, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

April 11, 1963.

Attorney(s) appearing for the Case

H. R. Jackson, Sp. Asst. City Atty., Rapid City, for defendant and appellant.

Bangs, McCullen, Butler & Foye, and Sieler & Brady, Rapid City, for plaintiffs and respondents.

BIEGELMEIER, Judge.

This is an action for damages against a city for partial deprivation of right of access. Plaintiffs are owners of real property situated on the corner of Omaha Street and West Boulevard in Rapid City. On October 20, 1958, defendant city passed a resolution, which in part stated:

"WHEREAS, the State Highway Commission, hereafter designated as the Commission, proposes the improvement of a street or highway identified as West Boulevard, Federal...

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