Bergin v. Bistodeau

SABERS, Justice.

[¶ 1.] Thomas and Dannette Bergin (Bergin) filed suit against Alan and Jodi Bistodeau and Andy Block (Bistodeau) and the City of Hill City, South Dakota (City), alleging that City condemned a portion of Bergin’s property, a dedicated access easement, by rezoning Bistodeau’s property. Bergin sought a temporary restraining order to prevent Bistodeau and City from taking any further action regarding the access easement until the trial court could determine whether the access easement had been publicly dedicated and whether City’s actions regarding the easement were proper.…