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ELLINGSON v. AMMANN

No. 26438.

830 N.W.2d 99 (2013)

2013 S.D. 32

David ELLINGSON, Plaintiff and Appellant, v. Jim AMMANN, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 10, 2013.

Attorney(s) appearing for the Case

Robert L. Spears , Watertown, South Dakota, Attorney for plaintiff and appellant.

Jack H. Heib , Zachary W. Peterson of Richardson, Wyly, Wise, Sauck & Hieb, LLP, Aberdeen, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] At the start of each beekeeping season, Ellingson's Inc. placed its honey bees on the real property of others, a common practice in the beekeeping industry. After Ellingson's Inc. determined it would no longer own bees, it sought to lease to other beekeepers the right to place bees on the property of some of the landowners with whom Ellingson's Inc. had been doing business. In the spring of 2011, Jim Ammann (Ammann), a competing beekeeper...

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