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WEGNER AUTO CO., INC. v. BALLARD

No. 14385.

353 N.W.2d 57 (1984)

WEGNER AUTO COMPANY, INC., and SAH Actionland, Inc., Plaintiffs and Appellees, v. Armond U. BALLARD, Patricia Ann Ballard, as husband and wife, Armond Ballard, d/b/a Potter Distributing Company; and Armond U. Ballard, Patricia Ann Ballard, Armond Ballard, d/b/a Potter Distributing Company, all d/b/a Unit Can of Pierre, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 15, 1984.

Attorney(s) appearing for the Case

Robert B. Anderson of May, Adam, Gerdes & Thompson, Pierre, for plaintiffs and appellees.

John S. Lovald of Duncan, Olinger, Srstka, Lovald & Robbennolt, P.C., Pierre, for defendants and appellants.

HENDERSON, Justice.

This is a civil appeal from an order granting partial summary judgment and a permanent injunction enjoining the operation of an aluminum can shredding, compacting and recycling business. We affirm.

The parties own adjoining tracts of land within the corporate limits of the City of Pierre. Appellees, Wegner Auto Company, Inc. and SAH Actionland, Inc., conduct an automobile sales dealership and repair business on their property. From 1960...

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