South Dakota Department of Transportation v. Freeman
South Dakota Supreme Court
1Opinion of the Court
WUEST, Acting Justice.
Appellants seek to appeal from an order determining the necessity of the taking of a highway billboard by the State Department of Transportation (DOT). DOT moved to dismiss the appeal, claiming it is an intermediate order not appealable as a matter of right. We grant the motion.
DOT commenced a condemnation proceeding to acquire a highway billboard owned by appellants. Appellants requested a hearing in circuit court on the issue of the necessity of acquiring the property. The trial court entered an order finding necessity for DOT’s resolution to take the billboard.…
Also in this document: Concurrence.
2Cases cited11 opinions
- Cordova v. City of TucsonCourt of Appeals of Arizona · 1971
- County of Blue Earth v. StauffenbergSupreme Court of Minnesota · 1978
- Oahe Enterprises, Incorporated v. GoldenSouth Dakota Supreme Court · 1974
- Big Horn Coal Company v. SHERIDAN-WYO. COAL COMPANYWyoming Supreme Court · 1950
- County School Board v. Cottonwood School District No. 41South Dakota Supreme Court · 1965
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3Cited by15 opinions
- Fullmer v. State Farm Insurance Co.South Dakota Supreme Court · 1994
- State v. PhippsSouth Dakota Supreme Court · 1987
- National Farmers Union Property & Casualty Co. v. BangSouth Dakota Supreme Court · 1994
- Lustig v. LustigSouth Dakota Supreme Court · 1997
- City of Sunland Park v. Paseo Del Norte Ltd. PartnershipNew Mexico Court of Appeals · 1999
10 more not listed; retrieve them via the Exa API.