Olesen v. Town (City) of Hurley

691 N.W.2d 324 (2004)

2004 SD 136

Burnell OLESEN and Mary E. Olesen, Plaintiffs and Appellees,

v.

TOWN (City) OF HURLEY, Defendant and Appellant.

No. 22934.

Supreme Court of South Dakota.

Considered on Briefs June 1, 2004.

Decided December 29, 2004.

Samuel M. Goodhope of Moore, Rasmussen, Kading, and Kunstle, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Timothy W. Bjorkman of Bjorkman & Fink, Bridgewater, South Dakota, Attorneys for defendant and appellant.

ECKRICH, Circuit Judge.

[¶ 1.] City of Hurley (City) appeals 1) the trial court's determination that it was not entitled to…