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  5. 641 N.W.2d 147 (2002)
 

TRI COUNTY LANDFILL ASS'N v. BRULE COUNTY

No. 22012, 22019.

641 N.W.2d 147 (2002)

2002 SD 32

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

Supreme Court of South Dakota.

Decided March 6, 2002.

Rehearing Denied April 16, 2002.

Attorney(s) appearing for the Case

Robert R. Schaub of Larson, Sundall, Larson, Schaub and Fox, Chamberlain, for plaintiff and appellant.

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

GILBERTSON, Chief Justice.

[¶ 1.] Brule County (County) sold Tri County Landfill Association, Inc. (Landfill), 40 acres of land to develop a regional solid waste facility. Landfill received tentative approval from the Department of Environment and Natural Resources (DENR), but the Board of Minerals and Environment (BME) denied the permit pending a resolution by County re-approving the landfill. County refused and Landfill sued for damages under 42 USC §...

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