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CITY OF RAPID CITY v. HOOGTERP

Nos. 10759, 10766.

179 N.W.2d 15 (1970)

CITY OF RAPID CITY, a Municipal Corporation, Plaintiff-Appellant, v. Henry H. HOOGTERP, Ruth C. Hoogterp and Leonard Walla, Defendants-Respondents.

Supreme Court of South Dakota.

July 29, 1970.

Attorney(s) appearing for the Case

Thomas P. Ranney, Rapid City, for plaintiff-appellant.

Sieler & Sieler, Rapid City, for defendants-respondents.

RENTTO, Judge.

The defendants Henry H. Hoogterp and Ruth C. Hoogterp, his wife, are the owners of a building located at 24 E. Main Street in Rapid City. Portions of the building are leased to the defendant Leonard Walla for business purposes. A land survey of the area made in 1967, in preparation for a program of improving and enlarging East Main Street, disclosed that defendants' building protruded into the street right...

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