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BROWN v. PENNINGTON CTY. BD. OF COM'RS

No. 15893.

422 N.W.2d 440 (1988)

Barbara A. BROWN and Milton D. Brown, Plaintiffs and Appellees, v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY, South Dakota, and Leo Hamm, Neil Van Sickle, Less Triggs and Gladys Babcock, as individuals and members of the Pennington County Board of Commissioners, and the Pennington County Highway Department, and Jack C. Dier as Director and as an individual, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 20, 1988.

Attorney(s) appearing for the Case

Dennis C. Whetzal, Rapid City, for plaintiffs and appellees.

Gregory J. Barnier, Rapid City, for defendants and appellants.

WUEST, Chief Justice.

Appellant, Pennington County (County), appeals a judgment in favor of Barbara and Milton Brown (Browns), who were awarded damages based on an action in inverse condemnation. We reverse.

Sometime in the late 1800's, one Joseph J. Reynolds staked a claim to real estate in Pennington County now owned by the Browns. In 1892, Mr. Reynolds filed a mineral survey which showed a road running through his property. The road was originally built...

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