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  5. 619 N.W.2d 663 (2000)
 

TRI COUNTY LANDFILL v. BRULE COUNTY

Nos. 21143, 21171.

619 N.W.2d 663 (2000)

2000 SD 148

TRI COUNTY LANDFILL ASSOCIATION, INC., Plaintiff and Appellee, v. BRULE COUNTY, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 29, 2000.

Attorney(s) appearing for the Case

Robert Schaub of Larson, Sundall, Larson, Schaub & Fox, Chamberlain, Attorneys for plaintiff and appellee.

Steven M. Johnson, A. Russell Janklow of Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, and Sheila S. Woodward, Yankton, Attorneys for defendant and appellant.

AMUNDSON, Justice.

[¶ 1.] Brule County (County) appeals the granting of summary judgment in favor of Tri County Landfill Association (Landfill) on its 42 U.S.C. § 1983 action. Landfill filed a notice of review raising numerous issues. We affirm in part, reverse and remand.

FACTS

[¶ 2.] This is a companion case to a prior decision of this Court. See Tri County Landfill Ass'n v. Brule County, 535 N.W.2d 760

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