(dissenting).
*153I agree with Justice Wollman that there is a genuine issue of fact. While affidavits on the part of the State Highway Commission claim notice and knowledge on the part of appellants, appellants’ affidavit directly controverts that claim:
“Summary judgment is an extreme remedy and should be awarded only when the truth is clear and reasonable doubts touching the existence of a genuine issue as to material fact should be resolved against the movant.” Wilson v. Great Northern Ry. Co. v. Christopherson, 1968, 83 S.D. 207, 157 N.W.2d 19; SDCL 15-6-56(a).
The agreement relied upon does not set forth curb cuts that will be made for appellants’ benefit but makes no mention of the closing of the alley where it ends at the highway to be constructed to appellants’ detriment. I see nothing in the affidavits or in the pleadings which establishes that appellants had even seen the drawing of the Department of Transportation and I believe that it is a jury question as to whether a person of common understanding, who, even if he had seen the drawing, would comprehend the ascribed meaning that the curb line drawn indicates the closing of a street or alley. I feel that the closing of the street is something akin to the change of grade which would be a taking not contemplated and for which damages would be due above and beyond any settlement between the parties.