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SIOUX FALLS v. MISSOURI BASIN MUN. POWER

No. 22419.

675 N.W.2d 739 (2004)

2004 SD 14

CITY OF SIOUX FALLS, a municipality chartered under the Constitution of the State of South Dakota, Plaintiff and Appellee, v. MISSOURI BASIN MUNICIPAL POWER AGENCY d/b/a Missouri River Energy Services, Defendant and Appellant.

Supreme Court of South Dakota.

Decided February 4, 2004.

Attorney(s) appearing for the Case

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

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

RUSCH, Circuit Judge.

[¶ 1.] This is an appeal from a judgment entered following a jury verdict in a condemnation action. Missouri Basin Municipal Power Agency (Missouri Basin)1 argues that the trial court lacked subject matter jurisdiction because the description of the property to be acquired by the City of Sioux Falls (City), as set out in its petition, was insufficient. In addition, Missouri Basin claims that it was denied a fair...

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