CITY OF RAPID CITY v. FINN

No. 22531.

668 N.W.2d 324 (2003)

2003 SD 97

CITY OF RAPID CITY, a municipal corporation, Appellant, v. Daniel J. FINN, Jr. and Melinda K. Finn, Appellees.

Supreme Court of South Dakota.

Decided August 6, 2003.


Attorney(s) appearing for the Case

Adam Altman, City Attorney, Michael S. Booher, Assistant City Attorney, Rapid City, South Dakota, Attorneys for appellant.

Edward C. Carpenter of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, Rapid City, South Dakota, Attorneys for appellees.


MEIERHENRY, Justice.

[¶ 1.] The City of Rapid City (City) filed a petition against Daniel and Melinda Finn (Finn), owners of Lot 23, seeking to condemn a portion of Lot 23. An action for declaratory judgment had already been brought by Wildwood Association against the City, Leo Hamm Ranch, L.L.C., Harley Taylor, and Red Rock Development Co., L.L.C. to determine the status of the property the City wished to condemn and whether the section line had been vacated...

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