Long v. State of S.D.

[¶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 question of damages. Prior to the court trial on liability, Landowners and the City settled. The court granted the State’s request to file a cross-claim against the City seeking indemnification and contribution. At the conclusion of the court trial, the court issued a…