Hall v. State ex rel. South Dakota Department of Transportation

MEIERHENRY, Justice.

[¶ 1.] The owners of the Flying J Truck Stop (Flying J) claim that the closing of the Exit 66 interchange on Interstate 90 (1-90) by the South Dakota Department of Transportation (SDDOT) constitutes an inverse condemnation entitling them to compensation. The trial court granted summary judgment against the owners. We reverse and remand.

*24FACTUAL AND PROCEDURAL BACKGROUND

[¶ 2.] Patrick R. Hall, Marlyn G. Erickson, and Fuel Food Mart, Inc. (Owners) own land which abuts both 1-90, an east-west road, and Ellsworth Road, a north-south road, near Box Elder, South Dakota. On that…