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EHLERS v. JONES

No. 10212.

135 N.W.2d 22 (1965)

Lloyd EHLERS and Mavis Ehlers, Plaintiffs and Respondents, v. Lloyd L. W. JONES, Clifford J. Hanson, George R. Barnett, Bert T. Yeager and Nils Aspaas, as County Commissioners of Minnehaha County, South Dakota, a public corporation, and also in their individual capacity, H. G. Seeley, Road Contractor, and Minnehaha County, South Dakota, a public corporation, Defendants and Appellants.

Supreme Court of South Dakota.

May 12, 1965.

Attorney(s) appearing for the Case

William F. Clayton, States Atty., Roger A. Schiager, Deputy States Atty., Sioux Falls, for defendants and appellants.

Davenport, Evans, Hurwitz & Smith, Ellsworth E. Evans, Sioux Falls, for plaintiffs and respondents.

HOMEYER, Judge.

Plaintiffs brought this action to enjoin the defendants from proceeding with the construction of a county highway over their property. They alleged the defendant county commissioners of Minnehaha County purported to condemn a strip of land 17 feet wide along the north side of their 160 acre homestead under SDC 28.1301 without a jury having fixed compensation and that this was a violation of their rights under Art. VI, Section 13 of the South Dakota...

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