RUPERT v. CITY OF RAPID CITY

Nos. 26252, 26265.

827 N.W.2d 55 (2013)

2013 S.D. 13

Conrad D. RUPERT and Reone A. Rupert, Plaintiffs and Appellees, v. CITY OF RAPID CITY, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 30, 2013.


Attorney(s) appearing for the Case

Travis B. Jones , Michael S. Beardsley of Beardsley, Jensen, and Von Wald, LLC, Rapid City, South Dakota, Attorneys for plaintiffs and appellees.

Timothy J. Becker of Banks, Johnson, Kappelman & Becker, PLLC, Rapid City, South Dakota, Attorneys for defendant and appellant.


GILBERTSON, Chief Justice.

[¶1.] Conrad and Reone Rupert (the Ruperts) owned land in Rapid City, South Dakota. During the winter, the City of Rapid City (the City) applied a deicer to the streets adjacent to the Ruperts' property. In 2009, the Ruperts sued the City, claiming that the deicer ran onto their property and destroyed several pine trees. The trial court granted the Ruperts' motion for summary judgment on their inverse condemnation claim, and proceeded...

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