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CITY OF SIOUX FALLS v. KELLEY

Nos. 17871, 17872.

513 N.W.2d 97 (1994)

CITY OF SIOUX FALLS, Plaintiff and Appellant, v. Donald D. KELLEY and Daryl W. Kelley, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned August 12, 1993.

Decided February 23, 1994.

Rehearing Denied March 31, 1994.

Attorney(s) appearing for the Case

Janet F. Brekke and Thomas Anderst, Asst. City Attys., Sioux Falls, for plaintiff and appellant.

Mark V. Meierhenry and Sabrina Meierhenry, Danforth, Meierhenry & Meierhenry, Sioux Falls, for defendants and appellees.

AMUNDSON, Justice (on reassignment).

The City of Sioux Falls (City) appeals from a jury verdict in a condemnation suit. Donald D. and Daryl W. Kelley (Kelleys) appeal on the issue of prejudgment interest. We affirm in part, reverse in part and remand.

FACTS AND PROCEDURAL HISTORY

Kelleys owned a construction business in Sioux Falls, South Dakota, from the mid-1940s through the early 1970s. In the late 1960s, the brothers acquired a twenty-seven-acre...

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