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BRITT v. CITY OF SIOUX FALLS

No. 12684.

291 N.W.2d 784 (1980)

Earl BRITT, an Individual, and Pizza Palace, Inc., a South Dakota Corporation, Plaintiffs and Appellants, v. CITY OF SIOUX FALLS, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided April 30, 1980.

Attorney(s) appearing for the Case

John N. Gridley, III, Sioux Falls, for plaintiffs and appellants.

Richard O. Gregerson of Woods, Fuller, Shultz & Smith, Sioux Falls, for defendant and appellee.

DUNN, Justice.

Plaintiff Pizza Palace (the corporation) and plaintiff Earl Britt, President of the corporation and the lessee of a portion of the corporation's property that gives rise to this action, appeal from a summary judgment entered in favor of defendant City of Sioux Falls (the city). We affirm.

On August 28, 1972, the corporation, by and through its President Earl Britt, entered into a contract with the city whereby it would purchase and develop land...

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