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OVERVAAG v. CITY OF DELL RAPIDS, S. D.

No. 13553.

319 N.W.2d 171 (1982)

N. L. OVERVAAG and Frances Overvaag, Plaintiffs and Appellants, v. The CITY OF DELL RAPIDS, SOUTH DAKOTA, a Municipal Corporation, and Lawrence Hansen, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 12, 1982.

Attorney(s) appearing for the Case

Dennis C. McFarland of McFarland & Peterson, Sioux Falls, for plaintiffs and appellants.

Michael F. Pieplow of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendants and appellees.

FOSHEIM, Justice.

This appeal is from an order denying appellant's motion to set aside a judgment of dismissal. We affirm.

Appellants sued the City of Dell Rapids and its then mayor, Lawrence Hansen. The lawsuit embodied two causes of action. The first cause of action sought judgment against the City for $7,560 damages and an order prohibiting the City from further trespassing across plaintiffs' property in connection with its well drilling operations. The...

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