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NORTHERN HILLS SANITATION v. BOARD OF COM'RS

No. 12349.

272 N.W.2d 835 (1978)

NORTHERN HILLS SANITATION, INC., Plaintiff and Appellant, v. The BOARD OF COMMISSIONERS OF the CITY OF LEAD, State of South Dakota, and Ronald A. Island, Bolesh Jagodzinski and Daniel E. Callahan, constituting the members of said Board, and Dale R. Erickson, Lead City Auditor, Defendants and Respondents.

Supreme Court of South Dakota.

Decided December 29, 1978.

Attorney(s) appearing for the Case

William A. Wyman, Rapid City, for plaintiff and appellant.

A. P. Fuller of Kellar, Kellar, Fuller & Amundson, Lead, for defendants and respondents.

DUNN, Justice.

This appeal involves the legality of a contract entered into by the City of Lead (Lead) and Northern Hills Sanitation, Inc. (Northern Hills), for the collection and disposal of solid waste. Northern Hills filed this action for a declaratory judgment, and the trial court entered a judgment declaring the contract void. We affirm.

Northern Hills was incorporated in October of 1974 for the purpose of collecting and disposing of solid waste, garbage...

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