Morris Family LLC v. South Dakota Department of Transportation

GILBERTSON, Chief Justice.

[¶ 1.] The Morris Family LLC (Morris Family) initiated an action against the State of South Dakota and the City of Watertown, claiming unconstitutional taking or damaging of property for loss of access from their property to Highway 212, and violation of due process stemming from the State’s and City’s actions denying access. The State moved for summary judgment, asserting that the State was granted complete control of access for the land in question in a 1970 judgment. The circuit court granted summary judgment and dismissed the complaint. Morris Family appeals,…