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CITY OF SIOUX FALLS v. MILLER

No. 17711.

492 N.W.2d 116 (1992)

CITY OF SIOUX FALLS, Plaintiff and Appellee, v. Arnold E. MILLER and Pansy O. Miller, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 4, 1992.

Attorney(s) appearing for the Case

William P. Fuller and Mark J. Welter of Woods, Fuller, Schultz & Smith, Roger L. Schiager, Sioux Falls, for plaintiff and appellee.

Robert L. O'Connor and Patrick J. Kane, Sioux Falls, for defendants and appellants.

WUEST, Justice.

The City of Sioux Falls (City) brought an action against the Millers, Arnold and Pansy (the Millers), for violating the City's zoning ordinance. The Millers counterclaimed for continuing flood damage to their business, allegedly caused by City's raising a nearby street grade and replacing a ditch and culvert system with narrow and inadequate storm sewers which collected and discharged surface water onto...

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