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HALL v. STATE EX REL. DEPT. OF TRANSP.

No. 23465.

712 N.W.2d 22 (2006)

2006 SD 24

Patrick R. HALL and Marlyn G. Erickson and Fuel Food Mart, Inc., a South Dakota Corporation, Plaintiffs and Appellants, v. STATE of South Dakota, by and through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION and the South Dakota Department of Transportation Commission, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 15, 2006.

Attorney(s) appearing for the Case

Jeffrey G. Hurd of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, South Dakota, Brian W. Blaesser of Robinson & Cole, LLP, Boston, Massachusetts, Attorneys for plaintiffs and appellants.

Karla L. Engle, Department of Transportation, Pierre, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] The owners of the Flying J Truck Stop (Flying J) claim that the closing of the Exit 66 interchange on Interstate 90 (I-90) by the South Dakota Department of Transportation (SDDOT) constitutes an inverse condemnation entitling them to compensation. The trial court granted summary judgment against the owners. We reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

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