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PESALL v. MONTANA DAKOTA UTILITIES, CO.

No. 27324.

871 N.W.2d 649 (2015)

2015 S.D. 81

Gerald PESALL, Intervener and Appellant, v. MONTANA DAKOTA UTILITIES, CO., Otter Tail Power and The South Dakota Public Utilities Commission, Appellees, and Schuring Farms, Inc. and Bradley Morehouse, Interveners.

Supreme Court of South Dakota.

Decided November 4, 2015.

Attorney(s) appearing for the Case

N. Bob Pesall , Flandreau, South Dakota, Attorney for intervener and appellant.

Thomas J. Welk , Jason R. Sutton of Boyce Law Firm, LLP, Sioux Falls, South Dakota, Attorneys for appellees Montana Dakota Utilities Co. and Otter Tail Power.

Marty J. Jackley , Attorney General, John J. Smith , Karen E. Cremer , Special Assistant Attorneys General, South Dakota Public Utilities Commission, Pierre, South Dakota, Attorneys for appellee the South Dakota Public Utilities Commission.

[¶ 1.] Montana Dakota Utilities Co. and Otter Tail Power Company (Applicants) filed an application with the South Dakota Public Utilities Commission (PUC or Commission) for a permit to construct a high-voltage electrical transmission line. Appellant Gerald Pesall objected to the project because he was concerned that excavating...

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