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  5. 273 N.W.2d 183 (1979)
 

CITY OF ABERDEEN v. LUTGEN

Nos. 12014, 12048.

273 N.W.2d 183 (1979)

CITY OF ABERDEEN, a Municipal Corporation, of the State of South Dakota, Plaintiff and Appellant, v. Charles H. K. LUTGEN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 4, 1979.

Rehearing Denied March 8, 1979.

Attorney(s) appearing for the Case

Charles B. Kornmann of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for plaintiff; Robert D. Miller, Aberdeen, on the brief.

Joe L. Maynes of Maynes, Tonner, Maynes & Tobin, Aberdeen, for defendant; Thomas M. Tobin of Maynes, Tonner, Maynes & Tobin, Aberdeen, on the brief.

MORGAN, Justice (on reassignment).

This case involves a condemnation proceeding filed by the City of Aberdeen (city) against land owned by Charles Lutgen (Lutgen). The action was tried to a jury in Brown County and a verdict was rendered in favor of Lutgen, valuing the property in question at $22,877.71. Immediately following the return of the verdict and prior to entry of judgment on the verdict, the city moved to abandon and discontinue the condemnation proceedings...

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