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LAMAR ADVERTISING v. HEAVY CONSTRUCTORS

No. 24454.

745 N.W.2d 371 (2008)

2008 SD 10

LAMAR ADVERTISING OF SOUTH DAKOTA, INC., Plaintiff and Appellant, v. HEAVY CONSTRUCTORS, INC., Defendants and Appellees. and Epic Outdoor Advertising, L.L.P., Defendants.

Supreme Court of South Dakota.

Decided February 6, 2008.

Attorney(s) appearing for the Case

John K. Nooney of Thomas, Nooney, Braun, Solay & Bernard, L.L.P., Rapid City, South Dakota, Attorneys for plaintiff and appellant.

David E. Lust, Amy K. Koenig of Gunderson, Palmer, Goodsell & Nelson, L.L.P., Rapid City, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] Lamar Advertising of South Dakota, Inc. appeals the circuit court's denial of Lamar's request for specific performance of a billboard/sign lease. In the alternative, Lamar appeals the circuit court's calculation of damages arising from Heavy Constructors, Inc.'s breach a the lease. We affirm the denial of specific performance, but reverse and remand for a new trial on damages.

[¶ 2.] Lamar is engaged in the outdoor advertising...

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