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UPELL v. DEWEY COUNTY COM'N

No. 27548.

880 N.W.2d 69 (2016)

2016 S.D. 42

Margaret UPELL, Plaintiff and Appellant, v. DEWEY COUNTY COMMISSION, Defendant and Appellee, and Moreau-Grand Electric Cooperative, Inc., Intervenor and Appellee.

Supreme Court of South Dakota.

Decided May 18, 2016.

Attorney(s) appearing for the Case

Al Arendt , Pierre, South Dakota, Attorney for plaintiff and appellant.

Steven Aberle , Dewey County State's Attorney, Timber Lake, South Dakota, Attorney for defendant and appellee.

John W. Burke , Thomas, Braun, Bernard & Burke, LLP, Rapid City, South Dakota, Attorneys for intervenor and appellee.

[¶ 1.] The Dewey County Commission (the Commission) granted an application to erect a power distribution line in a section line right-of-way bordering Margaret Upell's property. She appealed to the circuit court which dismissed her appeal for lack of jurisdiction. She now appeals to this Court. We affirm.

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