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COUNTY OF HARDING, S.D. v. FRITHIOF

No. 06-2793.

483 F.3d 541 (2007)

COUNTY OF HARDING, SOUTH DAKOTA, a political subdivision of the State of South Dakota, by and through its Board of Commissioners; Casey Olson, for himself and on behalf of all the other similarly situated taxpayers of Harding County, South Dakota, Plaintiffs/Appellees, v. Ron FRITHIOF, Kim Hollrah, Melody Harrell, Defendants/Appellants, Fred Debrovner, Unidentified Defendants A through E, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: April 5, 2007.

Attorney(s) appearing for the Case

Robert Gusinsky, argued, Rapid City, SD (Thomas G. Fritz, Lynn & Jackson, Rapid City, SD, Joseph Eugene Ellingson, Spearfish, SD, on the brief), for Defendants/Appellants.

Kenneth E. Barker, argued, Barker & Reynolds, Belle Fourche, SD, for Plaintiffs/Appellees.

Before BYE, COLLOTON, and BENTON, Circuit Judges.

BYE, Circuit Judge.

Ron Frithiof, Kim Hollrah, and Melody Harrell appeal the district court's determination that a fossil-collecting lease agreement between Frithiof and Harding County, South Dakota, was invalid because the County Commission did not hold a public hearing before approving the lease. Frithiof, Hollrah, and Harrell also appeal the dismissal of their unjust enrichment counterclaim against the County. We reverse and remand for further proceedings.

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