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LIGHT v. ELLIOTT

No. 12559.

295 N.W.2d 724 (1980)

C. E. LIGHT, Plaintiff and Appellee, v. Robert P. ELLIOTT, Individually and d/b/a Lewis & Clark Marina, Defendant and Appellant, and Department of Game, Fish & Parks, a Department of the State of South Dakota, Defendant.

Supreme Court of South Dakota.

On Reassignment September 3, 1980.

Attorney(s) appearing for the Case

John Harmelink, Yankton, for plaintiff and appellee.

James R. Feyder of Simons, Gibbs, Feyder & Myers, Sioux Falls, for defendant and appellant.

DUNN, Justice (on reassignment).

Appellant Elliott appeals from a judgment of the circuit court permitting appellee Light to rent boat-docking facilities for the 1978 season. We reverse.

Appellant operates and manages Lewis and Clark Marina as lessee from the State of South Dakota. Appellee sought to rent marina slip space for his boat, as he had done since 1967. Appellant refused to rent him slip space, claiming appellee had not paid his previous year's bill...

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