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PIERCE v. CITY OF BELLE FOURCHE

No. 21520.

624 N.W.2d 353 (2001)

2001 SD 41

John PIERCE, Plaintiff and Appellant, v. CITY OF BELLE FOURCHE, South Dakota, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 28, 2001.

Attorney(s) appearing for the Case

Jim D. Seward and Roger A. Tellinghuisen of Fuller, Tellinghuisen, Gordon & Percy, Spearfish, SD, Attorneys for plaintiff and appellant.

Michael W. Day of Quinn, Day & Barker, Belle Fourche, SD, Attorneys for defendant and appellee.

GORS, Circuit Judge

[¶ 1.] John Pierce (Pierce) appeals summary judgment in favor of the City of Belle Fourche (City). We reverse.

FACTS

[¶ 2.] On March 14, 1999, Pierce landed his airplane at the Belle Fourche Municipal Airport. The airport advertised that it was open 24 hours a day, 7 days a week. The airport was unattended because the airport manager was at a three-day airport conference in Pierre. After fueling, Pierce parked and tied...

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