Legal Opinion

Ellwein v. City of Watertown

South Dakota Supreme Court

Decided February 3, 1982No. 12902Published

1Opinion of the Court

WOLLMAN, Chief Justice (on reassignment).

The city of Watertown (city) appeals from ⅝ judgment that ordered the city to remove its electric transmission lines and poles from certain property belonging to appellee (Ellwein) and that held that Ell-wein was entitled to damages for the operation of those electric transmission lines over the property after January 1, 1976. We reverse and remand.

This is the third time that controversy over the transmission lines and the property in question has been before us. A full statement of the factual background giving rise to the controversy may be found in…

2Cases cited2 opinions

  1. Northwestern Public Service Co. v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1973
  2. Northwestern Public Service Co. v. Chicago & North Western Railway Co.South Dakota Supreme Court · 1969

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