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CLARK COUNTY v. SIOUX EQUIP. CORP.

No. 24462.

753 N.W.2d 406 (2008)

2008 SD 60

CLARK COUNTY, a political subdivision of the State of South Dakota, and State of South Dakota Petroleum Release Compensation Fund, Plaintiffs and Appellants, v. SIOUX EQUIPMENT CORPORATION, a South Dakota corporation, Defendant, Third Party Plaintiff and Appellee, v. Eaton Corporation and Snap-Tite, Inc., Third Party Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 2, 2008.

Attorney(s) appearing for the Case

Judith K. Grunewaldt of Judith K. Grunewaldt Law, Prof. LLC, Pierre, South Dakota, Attorney for plaintiff and appellant SD Petroleum Release Comp.

Naomi R. Cromwell Richard Tieszen of Tieszen Law Office, Prof. LLC Pierre, South Dakota, Attorneys for plaintiff and appellant Clark County.

Arthur M. Hopper of Austin, Hinderaker, Hackett, Hopper, Strait & Bratland, Watertown, South Dakota, Attorneys for defendant, third party plaintiff and appellee Sioux Equipment.

Robert B. Anderson of May, Adam, Gerdes & Thompson, LLP Pierre, South Dakota, Attorneys for third party defendant and appellee Eaton Corporation.

Ronald A. Parsons, Jr., of Johnson, Heidepriem, Janklow, Abdallah & Johnson, LLP, Sioux Falls, South Dakota, Attorneys for third party defendant and appellee Snap-Tite, Inc.

ZINTER, Justice.

[¶ 1.] Sioux Equipment installed a fuel storage and dispensing system on real property owned by Clark County (County). County and the State of South Dakota Petroleum Release Compensation Fund (PRCF) sued Sioux Equipment when the system leaked and released diesel fuel into the environment. Sioux Equipment moved for summary judgment on the ground that a ten-year statute of repose barred County's and PRCF's claims. The circuit court granted Sioux...

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