City of Sioux Falls v. Naused

BIEGELMEIER, Chief Justice.

On the original submission of this appeal, majority and dissenting opinions were written which indicate the facts and differing viewpoints. The opinions are reported in 88 S.D. 14, 214 N.W.2d 74, where the majority directed the dismissal of the Sioux Brake appeal. A petition for rehearing was granted.

*304With additional facts hereafter added, an outline of the position and interests of the parties to the properties involved in this condemnation proceeding was set forth in Justice Doyle’s opinion as follows:

“This appeal is from a judgment in a condemnation proceeding.…