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LAWRENCE COUNTY v. MILLER

No. 25252.

786 N.W.2d 360 (2010)

2010 SD 60

LAWRENCE COUNTY, a political Subdivision of the State of South Dakota, Plaintiff and Appellee, v. Cherie L. MILLER, Milton E. Mitchell and Helen B. Neufeld, co-executors of the estate of Elvin E. Mitchell and Chris Miller, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 21, 2010.

Attorney(s) appearing for the Case

Thomas E. Brady of Brady & Pluimer, PC, Spearfish, South Dakota, Bruce Outka, Deadwood, South Dakota, for plaintiff and appellee.

Kenneth E. Barker, Michael A. Wilson of Barker Wilson Law Firm, LLP, Belle Fourche, South Dakota, for defendants and appellants.

GILBERTSON, Chief Justice.

[¶ 1.] Lawrence County (County) filed a condemnation petition for a runway expansion project to allow the use of Class BII Large aircraft at Black Hills Airport/Clyde Ice Field (airport). The matter was scheduled for a jury trial after County and the landowners could not agree on the value of the 206 acres condemned by the petition. County filed a motion for partial summary judgment to preclude private landowners from introducing evidence...

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