LARSEN v. STATE

No. 11641.

238 N.W.2d 684 (1976)

Fred W. LARSEN, Jr. and Celia A. Larsen, Plaintiffs and Appellants, v. STATE of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

February 13, 1976.


Attorney(s) appearing for the Case

John J. Simpson, Winner, for plaintiffs and appellants.

William J. Janklow, Atty. Gen., Carl W. Quist and Gary F. Colwill, Asst. Attys. Gen., Pierre, for defendant and respondent.


DOYLE, Justice.

This is an appeal from a summary judgment granted to the defendant, State of South Dakota, in an inverse condemnation action by plaintiffs to recover damages for closing of an access alley to U. S. Highway 18.

On January 23, 1969, the State of South Dakota and Fred and Celia Larsen entered into a Right of Way Agreement whereby the plaintiffs transferred Lot H-1 in Lots 1, 2, 3, 4, 5, 6 and 7 of the Lueken Addition, City of Winner, to the State...

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