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BERGIN v. BISTODEAU

No. 22031.

645 N.W.2d 252 (2002)

2002 SD 53

Thomas J. BERGIN and Dannette B. Bergin, Plaintiffs and Appellees, v. Alan BISTODEAU, Jody Bistodeau, and Andy Block, Defendants and Appellants. and City of Hill City, Defendant.

Supreme Court of South Dakota.

Decided May 8, 2002.

Attorney(s) appearing for the Case

Robert M. Nash of Wilson, Olson, Nash & Becker, Rapid City, South Dakota, for plaintiffs and appellees.

Mark S. Falk, Falk Law Office, Rapid City, South Dakota, for defendants and appellants.

SABERS, Justice.

[¶ 1.] Thomas and Dannette Bergin (Bergin) filed suit against Alan and Jodi Bistodeau and Andy Block (Bistodeau) and the City of Hill City, South Dakota (City), alleging that City condemned a portion of Bergin's property, a dedicated access easement, by rezoning Bistodeau's property. Bergin sought a temporary restraining order to prevent Bistodeau and City from taking any further action regarding the access easement until the trial court could...

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