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CITY OF SIOUX FALLS v. JOHNSON

No. 21548.

632 N.W.2d 849 (2001)

2001 SD 108

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 August 15, 2001.

Attorney(s) appearing for the Case

R. Shawn Tornow, Sioux Falls City Attorney's Office, Sioux Falls, SD, Attorneys for plaintiff and appellant.

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

ECKRICH, Circuit Judge.

[¶ 1.] City of Sioux Falls (City) appealed an award of prejudgment interest, attorney's fees and expert witness fees. We reverse and remand.

FACTS

[¶ 2.] This appeal arises from a protracted condemnation action. On September 27, 1995, City initiated an action to condemn property owned by Doug and Sherry Johnson (Johnsons). City needed Johnsons' land for a public right-of-way and a storm water drainage project. The...

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