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WINTER BROTHERS v. CITY OF BERESFORD

Nos. 21969, 21991.

652 N.W.2d 99 (2002)

2002 SD 117

WINTER BROTHERS UNDERGROUND INC., and Carleen Weatherton, A Taxpayer And Resident of the City of Beresford, Plaintiffs and Appellants, v. CITY OF BERESFORD, South Dakota, A municipal corporation and Ramstad Construction, Inc., a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided September 18, 2002.

Attorney(s) appearing for the Case

Richard J. Helsper of Glover, Helsper & Rasmussen, Brookings, South Dakota, Attorneys for appellant Winter Brothers Underground.

Thomas H. Frieberg of Frieberg, Rudolph & Nelson, Beresford, South Dakota, Attorneys for appellee City of Beresford.

Rick L. Ramstad, Timothy J. Wilka, Thomas K. Wilka of Hagen, Wilka & Archer, Sioux Falls, South Dakota, Attorneys for appellee Ramstad Construction.

GORS, Acting Justice.

[¶ 1.] Winter Brothers Underground (Winter Brothers) appeals the trial court's order granting summary judgment to the City of Beresford (Beresford) and Ramstad Construction (Ramstad). We affirm.

FACTS AND PROCEDURE

[¶ 2.] On July 10, 2000, Beresford solicited bids from contractors to prepare a parcel of land for the construction of a Slumberland Furniture Regional...

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