State ex rel. Department of Transportation & the Board of Transportation for the Division of Highways v. Baken Park Enterprises, Inc.

WOLLMAN, Justice (on reassignment).

The state appeals from a judgment entered in this condemnation action that took some 9,235 square feet of defendant Baken Park Enterprises, Inc.’s, shopping center property for a street improvement project in Rapid City.* Because we agree that the trial court should have granted the state’s motion to strike certain testimony and should have given the state’s proposed instruction that the jury should not consider loss of business or loss of profits during the period of construction in fixing the amount of defendant’s damages, we reverse and remand for new…