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ELLWEIN v. CITY OF WATERTOWN

No. 12902.

315 N.W.2d 693 (1982)

Fred E. ELLWEIN, Plaintiff and Appellee, v. CITY OF WATERTOWN, South Dakota, a Municipal Corporation, and the Municipal Utilities Department of the City of Watertown, Watertown, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

On Reassignment February 3, 1982.

Attorney(s) appearing for the Case

Glen A. Severson of Benson, Wehde & Severson, Huron, Robert M. Halvorson of Gislason, Dosland, Malecki, Gislason & Halvorson, New Ulm, Minn., for plaintiff and appellee.

Irving A. Hinderaker and Paul I. Hinderaker of Austin, Hinderaker & Hackett, Watertown, for defendants and appellants.

WOLLMAN, Chief Justice (on reassignment).

The city of Watertown (city) appeals from a judgment that ordered the city to remove its electric transmission lines and poles from certain property belonging to appellee (Ellwein) and that held that Ellwein was entitled to damages for the operation of those electric transmission lines over the property after January 1, 1976. We reverse and remand.

This is the third time that controversy over the transmission lines...

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