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STATE HIGHWAY COMMISSION v. FOYE

No. 11081.

205 N.W.2d 100 (1973)

The STATE HIGHWAY COMMISSION of the State of South Dakota, on Behalf of and in the name of the State of South Dakota, Plaintiff, v. Thomas H. FOYE and Jean W. Foye, Defendants and Appellants, and Mobil Oil Company, Defendant and Respondent, and Patrick J. Mudlin, Defendant.

Supreme Court of South Dakota.

Decided March 9, 1973.

Attorney(s) appearing for the Case

Joseph M. Butler, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and appellants.

Horace R. Jackson, Whiting, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendant and respondent.

BIEGELMEIER, Chief Justice.

In this condemnation proceeding the parties stipulated the amount of just compensation due defendants for the taking was $76,000 and the only issue was the apportionment between Foyes, owners of the property, and tenant Mobil Oil Company. From the trial judge's allocation of $18,800 to Mobil, Foyes appeal. Service station buildings with usual facilities and equipment had been constructed and...

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