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OLESEN v. TOWN OF HURLEY

No. 22934.

691 N.W.2d 324 (2004)

2004 SD 136

Burnell OLESEN and Mary E. Olesen, Plaintiffs and Appellees, v. TOWN (City) OF HURLEY, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Samuel M. Goodhope of Moore, Rasmussen, Kading, and Kunstle, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.

Timothy W. Bjorkman of Bjorkman & Fink, Bridgewater, South Dakota, Attorneys for defendant and appellant.

ECKRICH, Circuit Judge.

[¶ 1.] City of Hurley (City) appeals 1) the trial court's determination that it was not entitled to summary judgment on the issue of sovereign immunity and 2) the trial court's grant of partial summary judgment to Burnell and Mary E. Olesen (Olesens) holding that City's operation of a restaurant was an ultra vires act. We affirm.

FACTS

[¶ 2.] Olesens operated Little Philly...

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