Legal Opinion

City of Brookings v. Mills

South Dakota Supreme Court

Decided September 16, 1987No. 15562PublishedCited by 9 opinions

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

  1. Conroy-Prugh Glass Co. v. CommonwealthSupreme Court of Pennsylvania · 1974
  2. Foster v. City of Detroit, MichiganDistrict Court, E.D. Michigan · 1966
  3. Hurley v. StateSouth Dakota Supreme Court · 1966
  4. In Re Urban Renewal, Elmwood Park ProjectMichigan Supreme Court · 1965
  5. Howell Plaza, Inc. v. State Highway CommissionWisconsin Supreme Court · 1979

13 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
  2. Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
  3. Long v. State of S.D.South Dakota Supreme Court · 2017
  4. City of Sioux Falls v. KelleySouth Dakota Supreme Court · 1994
  5. Dakota, Minnesota & Eastern Railroad v. RoundsDistrict Court, D. South Dakota · 2006

4 more not listed; retrieve them via the Exa API.

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