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CITY OF FREEMAN v. SALIS

Nos. 21640, 21738.

630 N.W.2d 699 (2001)

2001 SD 84

CITY OF FREEMAN, A Municipal Corporation under the Laws of the State of South Dakota, Plaintiff and Appellant, v. Richard A. SALIS and Barbara L. Salis, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 27, 2001.

Rehearing Denied August 14, 2001.

Attorney(s) appearing for the Case

Dale L. Strasser, Freeman, SD, Michael J. Schaffer of Davenport, Evans, Hurwitz and Smith, Sioux Falls, for plaintiff and appellant.

Kent E. Lehr, Scotland, for defendants and appellees.

KONENKAMP, Justice

[¶ 1.] The circuit court dismissed a municipal petition for condemnation, ruling that the city council acted in bad faith and abused its discretion in resolving to condemn private property. Because the challenged conduct in this case cannot be classed as an abuse of discretion or bad faith under SDCL 21-35-10.1, we reverse the dismissal and order reinstatement of the condemnation action.

A.

[¶ 2.] Richard and Barbara...

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