SCHLIEM v. STATE EX REL. DEPT. OF TRANSP.

No. 27557.

888 N.W.2d 217 (2016)

2016 S.D. 90

Carlyle SCHLIEM and Farmers State Bank of Canton, Plaintiffs and Appellants, v. STATE of South Dakota, by and through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 7, 2016.


Attorney(s) appearing for the Case

Mark V. Meierhenry , Clint Sargent , Christopher Healy of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, and Larry A. Nelson of Frieberg, Nelson & Ask, LLP Canton, South Dakota, Attorneys for plaintiffs and appellants.

Karla L. Engle , Special Assistant Attorney General, Department of Transportation, Office of Legal Counsel, Pierre, South Dakota, Attorneys for defendants and appellees.


[¶ 1.] Carlyle Schliem and Farmers State Bank of Canton (the Bank) brought an inverse-condemnation action against the State in connection with the State's reconstruction of the interchange between Interstate 90 and Cliff Avenue in Sioux Falls. Schliem argues the State's closure of a nearby intersection diminished...

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