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STATE BY & THROUGH DEPT., ETC. v. RICHEY MOTOR

Nos. 12722, 12762.

296 N.W.2d 505 (1980)

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. RICHEY MOTOR COMPANY, INC., John C. Richey, and the First National Bank of the Black Hills, Defendants and Appellees. 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 Appellee, v. RICHEY MOTOR COMPANY, INC., John C. Richey, and the First National Bank of the Black Hills, Defendants and Appellants.

Supreme Court of South Dakota.

Decided September 3, 1980.

Attorney(s) appearing for the Case

Camron Hoseck, Asst. Atty. Gen., Pierre, for plaintiff and appellant; Mark V. Meierhenry, Atty. Gen., Carl W. Quist and David L. Zuercher, Asst. Attys. Gen., Pierre, on brief.

Horace R. Jackson and Gregory A. Eiesland of Lynn, Jackson, Schultz & Lebrun, P. C., Rapid City, for defendants and appellees; Terence R. Quinn of Stephens, Quinn, Carr, Tschetter & Buckmaster, P. C., Belle Fourche, on brief.

WOLLMAN, Chief Justice.

This condemnation action is here on appeal for the second time. In the first appeal, we reversed and remanded for the purpose of allowing the State to amend the declaration of taking. State, Dept. of Transp. v. Richey Motor Co., 270 N.W.2d 48 (S.D.1978). Upon retrial, a jury returned a verdict in favor of defendants (who will be referred to collectively as "Richey") in the amount of $77,000. The State...

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