H & W CONTRACTING v. CITY OF WATERTOWN

Nos. 21654, 21671, 21675.

633 N.W.2d 167 (2001)

2001 SD 107

H & W CONTRACTING, LLC, and Jamie Frentz, a Taxpayer and Elector of the City of Watertown, Petitioners and Appellants, v. CITY OF WATERTOWN, Municipal Corporation, Defendant and Appellee, and Pipestone Concrete, Inc., Intervenor and Appellee.

Supreme Court of South Dakota.

Decided August 15, 2001.


Attorney(s) appearing for the Case

Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield, Matthew McCaulley of Hynes & McCaulley, LLC, Sioux Falls, for petitioners and appellants.

Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck, Aberdeen, for appellee City of Watertown.

Mark E. Salter of Cutler, Donahoe & Mickelson, Sioux Falls, for appellee Pipestone Concrete.


GILBERTSON, Justice

[¶ 1.] The City of Watertown (City) advertised for bids on a project to replace a portion of its storm sewer. The lowest bidder was Pipestone Concrete, Inc. (Pipestone). H & W Contracting, LLC (H & W) was the next lowest bidder. After the contract was awarded to Pipestone, H & W sued City claiming it should have been awarded the contract because of irregularities in Pipestone's bid. The circuit court granted summary judgment in...

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