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CITY OF BROOKINGS v. MILLS

No. 15562.

412 N.W.2d 497 (1987)

CITY OF BROOKINGS, a Municipal Corporation, Plaintiff and Appellant, v. Harvey E. MILLS and Mary Lou Mills, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 16, 1987.

Attorney(s) appearing for the Case

Alan F. Glover of Denholm & Glover, Brookings, for plaintiff and appellant.

Richard J. Helsper of Erickson & Helsper, P.C., Brookings, for defendants and appellees.

SABERS, Justice.

The City of Brookings (City) appeals the trial court's decision of "de facto taking" and awarding delay damages. We reverse.

Facts

Harvey E. and Mary Lou Mills (Mills) purchased the subject property in 1963. This real estate, which consisted of approximately 10.9 acres, was located adjacent to City's municipal airport; 2.35 acres of which was included in an aviation easement that restricted its use as a safety zone for the...

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