City of Brookings v. Mills
South Dakota Supreme Court
1Opinion of the Court
SABERS, Justice.
The City of Brookings (City) appeals the trial court’s decision of “de facto taking” and awarding delay damages. We reverse.
Facts
Harvey E. and Mary Lou Mills (Mills) purchased the subject property in 1963. This real estate, which consisted of approximately 10.9 acres, was located adjacent to City’s municipal airport; 2.35 acres of which was included in an aviation easement that restricted its use as a safety zone for the airport. The property was zoned light industrial and Mills bought it for long-range commercial development. Mills planned to construct four industrial steel…
2Cases cited18 opinions
- Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
- Foster v. City of Detroit, MichiganDistrict Court, E.D. Michigan · 1966
- Hurley v. StateSouth Dakota Supreme Court · 1966
- In Re Urban Renewal, Elmwood Park ProjectMichigan Supreme Court · 1965
- Howell Plaza, Inc. v. State Highway CommissionWisconsin Supreme Court · 1979
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3Cited by9 opinions
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- City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
- Dakota, Minnesota & Eastern Railroad v. RoundsDistrict Court, D. South Dakota · 2006
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