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CITY OF CHAMBERLAIN v. R.E. LIEN, INC.

No. 18370.

521 N.W.2d 130 (1994)

CITY OF CHAMBERLAIN, Applicant and Appellee, v. R.E. LIEN, INC., Appellant.

Supreme Court of South Dakota.

Decided August 31, 1994.

Attorney(s) appearing for the Case

Robert R. Schaub of Larson, Sundall, Larson, Schaub & Fox, Chamberlain, for applicant and appellee.

Ronald W. Banks of Banks, Johnson & Colbath, Rapid City, for appellant.

MILLER, Justice.

A trial court ruled SDCL 5-18-11, which requires public contracts include provisions from an AIA standardized form, and SDCL 21-25A-1, which enforces arbitration agreements, were unconstitutional delegations of municipal functions in violation of Article III, § 26, of the South Dakota Constitution. We affirm as to SDCL 5-18-11 and reverse as to SDCL 21-25A-1.

FACTS

On October 26, 1991, R.E. Lien, Inc. (Lien) entered into a contract...

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