FRIESSEN CONST. CO., INC. v. ERICKSON

No. 11647.

238 N.W.2d 278 (1976)

FRIESSEN CONSTRUCTION COMPANY, INC., et al., Plaintiffs and Respondents, v. De Loris ERICKSON, Minnehaha County Treasurer, and Lyle Wendell, Secretary of Revenue, Defendants and Appellants.

Supreme Court of South Dakota.

January 15, 1976.


Attorney(s) appearing for the Case

Gale E. Fisher of May, Johnson & Burke, Sioux Falls, for plaintiffs and respondents.

William J. Janklow, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for defendants and appellants.


DOYLE, Justice.

Respondent taxpayers sued the Minnehaha County Treasurer and the South Dakota Secretary of Revenue for a refund of taxes paid under protest. The taxpayers, who installed concrete pipe for the City of Sioux Falls, were subjected to a use tax on the pipe pursuant to SDCL 10-46-5 even though they had never held title to it. The taxpayers contend that SDCL 10-46-5, when read with SDCL 10-46-1(2), does not impose a tax on them, or, in the alternative, that...

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