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STATE BY AND THROUGH DOT v. GARVIN

No. 16855.

456 N.W.2d 779 (1990)

The STATE of South Dakota, Acting By and Through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, and Union County, South Dakota, Plaintiffs/Appellees, v. Michael P. GARVIN, Defendant/Appellant.

Supreme Court of South Dakota.

Decided June 6, 1990.

Attorney(s) appearing for the Case

Camron Hoseck, Asst. Atty. Gen., Pierre, for plaintiffs/appellees; Roger A. Tellinghuisen, Atty. Gen., Pierre, on brief.

Dennis R. Eckert, Elk Point, for defendant/appellant.

WUEST, Chief Justice.

Michael Garvin (Garvin) appeals from a judgment enjoining him from maintaining a junk yard on certain property located in Union County, South Dakota. We affirm.

On June 3, 1965, Garvin purchased a section of property located in Union County, South Dakota. Garvin moved onto the property approximately two months thereafter. Part of the property was subsequently rented out by Garvin to a neighboring farmer. As to the remainder of the property...

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