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THOMAS v. SULLY COUNTY

No. 21591.

629 N.W.2d 590 (2001)

2001 SD 73

Harry THOMAS and Kay Thomas Husband and Wife, and Lowell West and Catherine West, Husband and Wife, Plaintiffs and Appellants, v. SULLY COUNTY, A Political Subdivision of the State of South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 6, 2001.

Attorney(s) appearing for the Case

Danny R. Smeins, Webster, SD, Attorney for plaintiffs and appellants.

David A. Gerdes of May, Adam, Gerdes and Thompson, Pierre, SD, Attorney for defendants and appellee.

GILBERTSON, Justice

[¶ 1.] Harry and Kay Thomas, and Lowell and Catherine West (Plaintiffs) sued Sully County (County) claiming damages to their fences. A jury returned a verdict in favor of County. The trial court entered judgment on the verdict, from which Plaintiffs have appealed. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Plaintiffs are landowners in Sully County, South Dakota. During the winter of 1996-97, Sully County received nearly seven...

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