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JOHNS v. BLACK HILLS POWER, INC.

No. 23896.

722 N.W.2d 554 (2006)

2006 SD 85

Timothy R. JOHNS and Leann L. Johns, Plaintiffs and Appellants, v. BLACK HILLS POWER, INC., a South Dakota Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided September 20, 2006.

Attorney(s) appearing for the Case

Dave L. Claggett, Spearfish, South Dakota, Attorney for plaintiffs and appellants.

Gary D. Jensen of Beardsley, Jensen & VonWald, Rapid City, South Dakota, Attorneys for defendant and appellee.

CALDWELL, Circuit Judge.

[¶ 1.] Timothy and LeAnn Johns (Johns) appeal the circuit court's grant of summary judgment in favor of Black Hills Power, Inc. (BHP) on their claim of trespass or, in the alternative, inverse condemnation. We affirm.

FACTS AND PROCEDURE

[¶ 2.] On July 24, 1990, Johns purchased a residence located at 110 South Main Street, Lead, South Dakota. The property was purchased from Barbara E. Huebler (Huebler). BHP placed...

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