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STATE THROUGH DEPT. OF TRANSP. v. BAKEN PARK

No. 11816.

257 N.W.2d 448 (1977)

The STATE of South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION AND the BOARD OF TRANSPORTATION FOR the DIVISION OF HIGHWAYS, Plaintiff and Appellant, v. BAKEN PARK ENTERPRISES, INC., Equitable Life Assurance Company, Jack Devereaux, United States of America, acting through the Small Business Administration, S. S. Kresge Company and Socony Vacuum Oil Company, Defendants and Respondents.

Supreme Court of South Dakota.

Decided August 30, 1977.

Attorney(s) appearing for the Case

Camron D. Hoseck, Asst. Atty. Gen., Pierre, argued the cause for plaintiff and appellant; William J. Janklow, Atty. Gen., Carl W. Quist, Asst. Atty. Gen., on the brief.

Joe Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, argued the cause for defendant and respondent Baken Park Enterprises, Inc.; David F. Sieler of Sieler, Sieler & Trimble, Rapid City, on the brief.

WOLLMAN, Justice (on reassignment).

The state appeals from a judgment entered in this condemnation action that took some 9,235 square feet of defendant Baken Park Enterprises, Inc.'s, shopping center property for a street improvement project in Rapid City.* Because we agree that the trial court should have granted the state's motion to strike certain testimony and should have given the state's proposed instruction that the jury should...

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