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CITY OF RAPID CITY v. BOLAND

No. 12095.

271 N.W.2d 60 (1978)

CITY OF RAPID CITY, a Municipal Corporation under the laws of the State of South Dakota, Petitioner and Respondent, v. Edna Kingsbury BOLAND and Vincent H. Boland, Defendants, Cross-Plaintiffs and Appellants. PENNINGTON COUNTY, South Dakota, Defendant, v. STATE of South Dakota, Defendant and Respondent, and Hills Material Company, Defendant.

Supreme Court of South Dakota.

Rehearing Denied December 1, 1978.

Attorney(s) appearing for the Case

Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for petitioner and respondent.

George A. Bangs and Allen G. Nelson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants, cross-plaintiffs and appellants.

Camron Hoseck, Asst. Atty. Gen., Pierre, for defendant and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

ZASTROW, Justice.

During the late evening hours of June 9 and the early morning hours of June 10, 1972, a large portion of Rapid City, South Dakota, was inundated by the flood waters of Rapid Creek. In terms of lives lost (over 250) and property destroyed (over 1500 residential and business structures were affected), the flood was one of the greatest disasters in the United States in the twentieth century.

The Governor immediately declared the Rapid City area...

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