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CITY OF SIOUX FALLS v. JOHNSON

Nos. 20336, 20359.

588 N.W.2d 904 (1999)

1999 SD 16

CITY OF SIOUX FALLS, A municipality chartered under the Constitution of the State of South Dakota, Plaintiff and Appellant, v. Douglas L. JOHNSON and Sherry D. Johnson, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 3, 1999.

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.

MILLER, Chief Justice.

[¶ 1.] Johnsons were awarded $1.2 million as just compensation for their condemned property. City filed motions for remittitur and a new trial. The trial court denied both motions and City appeals. We affirm in part and reverse and remand in part.

FACTS

[¶ 2.] On September 27, 1995, the City of Sioux Falls initiated an action to condemn three adjoining tracts of land owned by Doug and Sherry Johnson in Lincoln County...

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