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HEEZEN v. AURORA COUNTY

No. 12313.

267 N.W.2d 831 (1978)

Clarence HEEZEN and Betty Heezen, and Marvin Steele, as administrator of the Estate of G. C. Steele, Deceased, Plaintiffs and Appellants, v. AURORA COUNTY, South Dakota and Crystal Lake Township, Aurora County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

July 6, 1978.

Attorney(s) appearing for the Case

E. Steeves Smith of Tinan, Padrnos, Smith & Saukerson, Mitchell, for plaintiffs and appellants.

Walter C. Miller of Miller, Miller & Sebastian, Plankinton, for defendants and respondents.

PER CURIAM.

This case presents the narrow legal question of when the cost of a hearing transcript can be taxed as a cost against the losing party. The Circuit Court, Fourth Judicial Circuit, awarded the cost of the transcript as a cost against the plaintiffs and they appeal. We reverse.

The facts are that the Heezens and Steele sued Aurora County and Crystal Lake Township in an eminent domain action in 1966. Heezens and Steele won at the trial court level...

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