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CITY OF SIOUX FALLS v. MURRAY

No. 17101.

470 N.W.2d 619 (1991)

CITY OF SIOUX FALLS, Plaintiff and Appellee, v. Arnold E. MURRAY and Elnor M. Murray, d/b/a Arnold Murray Construction, and Arnold Murray, Executor of the Estate of Elnor M. Murray, Deceased, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 22, 1991.

Attorney(s) appearing for the Case

Janet F. Brekke, Asst. City Atty., Sioux Falls, for plaintiff and appellee.

David Alan Palmer of Strange & Palmer, Sioux Falls, for defendants and appellants.

MILLER, Chief Justice.

In this appeal, we affirm a final judgment and order granting the city of Sioux Falls (City) a permanent injunction against Arnold E. Murray and Elnor M. Murray, d/b/a Arnold Murray Construction (a general partnership) (hereinafter referred to as Murray) and denying Murray's counterclaim. In its complaint, City sought permanent injunctive relief requiring Murray to remove dirt and sod placed on a sidewalk and to prevent Murray from covering...

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