AUNE v. B-Y WATER DIST.

No. 16707.

464 N.W.2d 1 (1990)

Steven F. AUNE and Karen A. Aune, husband and wife, Plaintiffs and Appellees, v. B-Y WATER DISTRICT, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 5, 1990.


Attorney(s) appearing for the Case

Larry F. Hosmer, Yankton, for plaintiffs and appellees.

Thomas E. Alberts, Avon, for defendant and appellant.


SABERS, Justice (On reassignment).

B-Y appeals from a $12,000 jury verdict in favor of Aune claiming sovereign immunity applies because it is an agency or subdivision of the state.

Facts

Steven and Karen Aune (Aune) purchased land in rural Yankton County in 1984. Two years before Aune bought his land, his predecessor discontinued her membership in the B-Y Water District (B-Y) which supplied water...

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