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LONG v. STATE

27368.

904 N.W.2d 502 (2017)

2017 S.D. 79

Mark and Marilyn LONG, Arnie and Shirley Van Voorst, Tim and Sara Doyle, Timothy and Jane Griffith and Michael and Karen Taylor, Plaintiffs and Appellees, v. STATE of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

OPINION FILED November 21, 2017.

Rehearing Denied December 19, 2017.

Attorney(s) appearing for the Case

MARK V. MEIERHENRY , CHRISTOPHER HEALY , CLINT SARGENT of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

GARY P. THIMSEN , JOEL E. ENGEL III of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Landowners filed an inverse condemnation claim against the State of South Dakota (State) and the City of Sioux Falls (City) seeking damages and a permanent injunction due to flooding on Landowners' properties. The circuit court bifurcated the issue of whether a constitutional damaging of property had occurred from the...

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