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RAPID CITY v. BARON

No. 11414.

227 N.W.2d 617 (1975)

RAPID CITY, a Municipal Corporation under the laws of the State of South Dakota, Petitioner and Appellant, v. William BARON and Phyllis BARON, husband and wife, as joint tenants with right of survivorship and not as tenants in common, Defendants and Respondents.

Supreme Court of South Dakota.

April 4, 1975.

Attorney(s) appearing for the Case

Horace R. Jackson and Gene N. Lebrun, Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for petitioner and appellant.

George A. Bangs, Joseph M. Butler and Allen G. Nelson, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and respondents.

MILLER, Circuit Judge.

This is an appeal from a judgment in a condemnation action wherein the defendants-respondents (Barons) were awarded the sum of $91,791.

Every South Dakotan and most Americans will recall the devastating flood which hit Rapid City on the night of June 9-10, 1972, in which over 240 persons lost their lives and hundreds of homes and business places were destroyed or otherwise damaged. Because of that catastrophe the city entered into a...

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