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STATE HIGHWAY COM'N v. AMERICAN MEMORIAL PARKS

No. 10149.

144 N.W.2d 25 (1966)

The STATE HIGHWAY COMMISSION of the State of South Dakota on Behalf of and in the Name of the State of South Dakota, Plaintiff and Appellant, v. AMERICAN MEMORIAL PARKS, INC., Ed. H. Lacey, Angela E. McConville, and Pine Lawn Memorial Park, Inc., Defendants and Respondents.

Supreme Court of South Dakota.

July 14, 1966.

Attorney(s) appearing for the Case

Frank L. Farrar, Atty. Gen., John B. Wehde, Carl W. Quist, Sp. Asst. Attys. Gen., Pierre, for plaintiff and appellant.

Bangs, McCullen, Butler & Foye, Geo. A. Bangs, Joseph M. Butler, Rapid City, for defendants and respondents.

BIEGELMEIER, Judge.

This is a condemnation proceeding. In 1936 W. G. Lacey became the owner of the 30 acre tract of land involved under plans made by persons interested therein to create a cemetery. The topography of this tract was such that approximately the west 16 acres was unsuitable for burial purposes. The east 14 acres was then bisected by U. S. Highway 16. As part of the plan defendant Pine Lawn Memorial Park, Inc., herein referred to as Cemetery Corporation...

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