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HEDEL-OSTROWSKI v. CITY OF SPEARFISH

No. 22842.

679 N.W.2d 491 (2004)

2004 SD 55

Dawn HEDEL-OSTROWSKI, Plaintiff and Appellant, v. CITY OF SPEARFISH and Keith Hepper, Defendants and Appellees, and Miracle Recreation Equipment Company, Playpower, Inc. and Cameron Holdings Corporation, Defendants.

Supreme Court of South Dakota.

Decided April 21, 2004.

Attorney(s) appearing for the Case

Jon J. LaFleur of LaFleur, LaFleur and LaFleur, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

Thomas E. Brady of Brady & Pluimer, Spearfish, South Dakota, Attorneys for defendants and appellees.

MEIERHENRY, Justice.

[¶ 1.] The trial court granted City of Spearfish and Keith Hepper's motion for summary judgment. The trial court found that Dawn Hedel-Ostrowski's (Hedel-Ostrowski) negligence claim against the City and the negligence and nuisance claims against Hepper were barred by the statute of limitations. The trial court further dismissed Hedel-Ostrowski's nuisance claim against the City. We affirm.

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