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SDDS, INC. v. STATE

Nos. 21428, 21448.

650 N.W.2d 1 (2002)

2002 SD 90

SDDS, INC., a South Dakota Corporation, Plaintiff and Appellant, v. STATE of South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned May 1, 2002.

Considered on Supplemental Briefs June 19, 2002.

Decided July 24, 2002.

Attorney(s) appearing for the Case

James E. McMahon of McMahon Law Office, Sioux Falls, Jeremiah D. Murphy, David J. Vickers of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, Edward T. Lyons, Jr., and Thomas J. Burke, Jr., of Jones & Keller, Denver, Colorado, for plaintiff and appellant.

William P. Fuller and James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, Michael J. Schaffer of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for defendant and appellee.

KONENKAMP, Justice (on reassignment).

[¶ 1.] South Dakota Disposal Systems, Inc. (SDDS) appeals the circuit court's order granting a new trial. A Hughes County jury awarded SDDS $10.1 million in damages against the State of South Dakota in an inverse condemnation action, resulting from the voters' disapproval in a 1992 referendum of a legislatively authorized waste disposal facility. The trial court later vacated the judgment and ordered a new trial, concluding...

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