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HOLLAND v. CITY OF GEDDES

No. 20863.

610 N.W.2d 816 (2000)

2000 SD 71

Larry and Susan HOLLAND, Plaintiffs and Appellants, v. CITY OF GEDDES, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 31, 2000.

Attorney(s) appearing for the Case

Patrick W. Kiner, Mitchell, for plaintiffs and appellants.

Douglas M. Deibert of Cadwell, Sanford, Deibert & Garry, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice

[¶ 1.] The plaintiffs sued the City of Geddes after water seepage damaged their home. In granting summary judgment for the City, the circuit court ruled that the plaintiffs failed to give timely notice of injury as required by law, and that the limitations period was not tolled by a continuing tort. We reverse because the City's failure to repair its broken valve was a continuing tort suspending the limitations period until the valve was fixed...

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