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CITY OF SIOUX FALLS v. HONE FAMILY TRUST

No. 19408.

554 N.W.2d 825 (1996)

1996 SD 126

CITY OF SIOUX FALLS, a municipal corporation under the laws of the State of South Dakota, Plaintiff and Appellant, v. HONE FAMILY TRUST, Claude F. Hone and Ethel J. Hone, Trustees, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 23, 1996.

Rehearing Denied December 4, 1996.

Attorney(s) appearing for the Case

R. Shawn Tornow, Chief Assistant City Attorney, Sioux Falls, for plaintiff and appellant.

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

KONENKAMP, Justice.

[¶ 1.] The City of Sioux Falls appeals a condemnation award to the Hone Family Trust (Trust). We affirm in part, reverse in part, and remand.

FACTS

[¶ 2.] To widen Kiwanis Avenue, Sioux Falls brought a condemnation action on a parcel of land held by the Trust, located near the corner of Kiwanis and 26th Street. For the purposes of our discussion, the property condemned can be separated into two sectors: 627 square feet...

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