MORRIS, INC. v. STATE EX REL. DOT

No. 20362.

598 N.W.2d 520 (1999)

1999 SD 95

MORRIS, INC., a corporation with its principal place of business at Fort Pierre, Stanley County, South Dakota, Plaintiff and Appellant, v. STATE of South Dakota By and Through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, a state agency located at Pierre, Hughes County, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Reassigned March 24, 1999.

Decided July 21, 1999.

Rehearing Denied August 18, 1999.


Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer & Moreno, Pierre, South Dakota, Attorneys for plaintiff and appellant.

Barton R. Banks of Banks, Johnson, Colbath & Kerr, Rapid City, South Dakota, Attorneys for defendant and appellee.


AMUNDSON, Justice (on reassignment).

[¶ 1.] Morris, Inc. (Morris) held a subcontract with the South Dakota Department of Transportation (DOT) for a highway paving project in Hand County, South Dakota. Morris incurred unforeseen additional expenses due to difficulties in extracting the necessary aggregate from a state option gravel pit. Morris filed an administrative claim for reimbursement for these expenses. DOT denied reimbursement. Morris brought suit in circuit...

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