Heezen v. Aurora County

This case presents the narrow legal question of when the cost of a hearing transcript can be taxed as a cost against the losing party. The Circuit Court, Fourth Judicial Circuit, awarded the cost of the transcript as a cost against the plaintiffs and they appeal. We reverse.

The facts are that the Heezens and Steele sued Aurora County and Crystal Lake Township in an eminent domain action in 1966. Heezens and Steele won at the trial court level, but were reversed by this Court in Heezen & Steele v. Aurora County, 1968, 83 S.D. 198, 157 N.W.2d 26. A new trial was held and the County and Township…