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CITY OF MITCHELL v. BEAUREGARD

No. 15807.

430 N.W.2d 704 (1988)

The CITY OF MITCHELL, Davison County, South Dakota, a Municipal Corporation, Plaintiff and Appellee, v. Arlyne W. BEAUREGARD and Dale Knox, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 26, 1988.

Attorney(s) appearing for the Case

Carl J. Koch, Mitchell, for plaintiff and appellee.

Don E. Petersen and E. Steeves Smith and James A. Miskimins, Legal Intern of Tinan, Smith & Taylor, Mitchell, for defendants and appellants.

TALBOTT, Circuit Judge.

Defendants appeal from a jury verdict and judgment given in their favor in a condemnation proceeding. We affirm.

FACTS

City of Mitchell (City) commenced a condemnation proceeding against Stanley N. Beauregard (Stanley) and Arlyne W. Beauregard (Arlyne) in 1973. In view of pending negotiations, City proceeded to make the improvements on the condemned easement. Trial was not held until January 1987.

Stanley died after...

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