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ELKJER v. CITY OF RAPID CITY

No. 23341.

695 N.W.2d 235 (2005)

2005 SD 45

David ELKJER and Cindi Elkjer, Plaintiffs and Appellants, v. CITY OF RAPID CITY, South Dakota, a municipal corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 30, 2005.

Attorney(s) appearing for the Case

Larry M. Von Wald of Beardsley, Jensen and Von Wald, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Joel P. Landeen, Assistant City Attorney, Jason E. Green, City Attorney, City Attorney's Office, Rapid City, South Dakota, for defendant and appellee.

KONENKAMP, Justice.

[¶ 1.] Under a Rapid City ordinance, homeowners are responsible for damage to their property caused by service lines extending from the City's water main to the water stop on the homeowner's property. When the homeowners here sued the City to recover for damage caused by a broken service line, the circuit court granted the City's motion to dismiss for failure to state a claim upon which relief can...

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