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SOUTH DAKOTA DEPT. OF TRANSP. v. FREEMAN

No. 14969.

378 N.W.2d 241 (1985)

SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, Plaintiff and Appellee, v. Glenn FREEMAN, Richard Kirsch, and Badland's Enterprises, Inc., a corporation, Defendants and Appellants, and Donald Schreeve and Kay Schreeve, Defendants.

Supreme Court of South Dakota.

Decided November 27, 1985.

Attorney(s) appearing for the Case

Carl W. Quist, Asst. Atty. Gen., Pierre, (Mark V. Meierhenry, Atty. Gen., Pierre, on brief), for plaintiff and appellee.

Robert A. Sambroak, Jr., Kadoka, for defendants and appellants.

WUEST, Acting Justice.

Appellants seek to appeal from an order determining the necessity of the taking of a highway billboard by the State Department of Transportation (DOT). DOT moved to dismiss the appeal, claiming it is an intermediate order not appealable as a matter of right. We grant the motion.

DOT commenced a condemnation proceeding to acquire a highway billboard owned by appellants. Appellants requested a hearing in circuit court on the issue of the...

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