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  5. 889 N.W.2d 141 (2016)
 

STATE EX REL. DEP. OF TRANSP. v. MILLER

No. 27198.

889 N.W.2d 141 (2016)

2016 S.D. 88

STATE of South Dakota, by and through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiffs and Appellants, v. Robert L. MILLER and Thomas P. Walsh, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 7, 2016.

Attorney(s) appearing for the Case

Karla L. Engle , Special Assistant Attorney General, Department of Transportation, Office of Legal Counsel, Pierre, South Dakota, and Anthony M. Hohn , Special Assistant Attorney General, Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

Mark V. Meierhenry , Clint Sargent , Christopher Healy of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] Justice KERN delivers the opinion of the Court on Issue One, Issue Two, and Issue Three. Justice SEVERSON delivers the opinion of the Court on Issue Four.

[¶ 2.] KERN, Justice, writing for the Court on Issue One, Issue Two, and Issue Three.

[¶ 3.]...

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