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CITY OF SIOUX FALLS v. NAUSED

No. 11245.

214 N.W.2d 74 (1974)

CITY OF SIOUX FALLS, a municipal corporation under the Laws of the State of South Dakota, Plaintiff, v. Walter H. NAUSED and Marianne D. Naused, Defendants and Respondents, and Sturdevant's L & L Motor Supply, Inc., Defendant, and Sioux Brake and Equipment Company, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Rehearing Granted February 11, 1974.

Attorney(s) appearing for the Case

Willy, Pruitt, Matthews & Jorgensen, Roy E. Willy and Gene E. Pruitt, Sioux Falls, for defendants and respondents.

Blaine Simons, Sioux Falls, for defendant and appellant.

DOYLE, Justice.

This appeal is from a judgment in a condemnation proceeding. The City of Sioux Falls, South Dakota (City), condemned the property owned by Walter H. Naused and Marianne D. Naused (Nauseds), consisting of Lots 1, 2, 3 and 4 of Detlie and Franberg's Subdivision, Sioux Falls, Minnehaha County, South Dakota. Lots 1, 2 and 3 had originally been leased to Morgan Wheel & Equipment Company of Omaha, Nebraska...

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