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CITY OF WINNER v. BECHTOLD INVESTMENTS

No. 17624.

488 N.W.2d 416 (1992)

CITY OF WINNER, South Dakota, a Municipal Corporation, Plaintiff and Appellee, v. BECHTOLD INVESTMENTS, INC., a South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 1, 1992.

Attorney(s) appearing for the Case

Stanley E. Whiting of Whiting Law Office, Winner, for plaintiff and appellee.

Rick Johnson of Johnson, Eklund & Abourezk, Gregory, for defendant and appellant.

AMUNDSON, Justice.

Bechtold Investments (Bechtold) appeals from trial court's judgment that the City of Winner (City), South Dakota, could proceed with its condemnation for the construction of a drainage ditch on property owned by Bechtold, and the amount of just compensation awarded by trial court. We affirm in part, reverse and remand in part.

FACTS

In January, 1991, the city council of Winner passed a resolution of necessity indicating it was...

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