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  5. 638 N.W.2d 264 (2001)
 

BOZIED v. CITY OF BROOKINGS

Nos. 21299, 21313.

638 N.W.2d 264 (2001)

2001 SD 150

Thomas BOZIED, Plaintiff and Appellee, v. CITY OF BROOKINGS, South Dakota, a Municipal Corporation, Defendant and Appellant, and Mills Construction, Inc., a South Dakota Corporation, Intervenor and Appellant.

Supreme Court of South Dakota.

Reassigned February 26, 2001.

Reassigned July 13, 2001.

Decided December 26, 2001.

Attorney(s) appearing for the Case

Terry D. Wieczorek, Brookings, Attorney for plaintiff and appellee.

Sandra Hoglund of Davenport, Evans, Hurwitz & Smith, Sioux Falls, Attorneys for defendant and appellant.

William G. Taylor and James E. Moore of Woods, Fuller, Shultz & Smith, Sioux Falls, Attorneys for intervenor and appellant.

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, Attorneys for amicus curiae state.

KONENKAMP, Justice (on reassignment).

[¶ 1.] This is a taxpayer challenge to the legality of certain change orders executed by the City of Brookings on its Agri-Plex project. The circuit court granted summary judgment to the taxpayer, ruling that the change orders were void for violating statutory competitive bidding requirements. The court ordered the contractor to refund all amounts paid on the invalid change orders, resulting in a forfeiture of $548,001. We...

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