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CITY OF SIOUX FALLS v. JOHNSON

No. 22395.

670 N.W.2d 360 (2003)

2003 SD 115

CITY OF SIOUX FALLS, a Municipality charted 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 September 17, 2003.

Attorney(s) appearing for the Case

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

Mark V. Meierhenry of Danforth, Meierhenry & Meierhenry, Sioux Falls, South Dakota, Attorneys for defendant and appellee.

JOHNSON, Circuit Judge.

[¶ 1.] This case involves a challenge to an award of attorney fees and prejudgment interest in favor of Doug and Sherry Johnson (Johnsons) and against the City of Sioux Falls (City). By notice of review, Johnsons seek to challenge the constitutionality of the statutory prejudgment interest rate. We affirm the attorney fee award and remand for recalculation of prejudgment interest. We do not reach the constitutional question raised by Johnsons...

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