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STATE, DEPT. OF TRANSP. v. RICHEY MOTOR CO.

Nos. 12166, 12174.

270 N.W.2d 48 (1978)

STATE of South Dakota, acting By and Through the DEPARTMENT OF TRANSPORTATION and the Board of Transportation for the Division of Highways, Plaintiff, Appellant and Cross Respondent, v. RICHEY MOTOR COMPANY, INC., John C. Richey, and the First National Bank of the Black Hills, Defendants, Respondents and Cross Appellants.

Supreme Court of South Dakota.

September 21, 1978.

Attorney(s) appearing for the Case

Carl W. Quist, Asst. Atty. Gen., Pierre, for plaintiff, appellant and cross respondent; William J. Janklow, Atty. Gen., David L. Zuercher, Asst. Atty. Gen., Pierre, on the brief.

Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for defendants, respondents and cross appellants; Terence R. Quinn of Stephens, Quinn, Carr & Tschetter, Belle Fourche, Gregory A. Eiesland, Rapid City, on the brief.

WOLLMAN, Chief Justice.

The state appeals from the judgment in this condemnation action awarding Richey Motor Company (respondent) compensation in the amount of $70,000 with interest as provided by law.1 Respondent cross-appeals from an order denying an amendment of the judgment. We reverse the judgment and dismiss respondent's cross-appeal as moot.

Respondent is an automobile dealership located on the outskirts of Belle Fourche...

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