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SOLTESZ v. RUSHMORE PLAZA CIVIC CENTER

No. 15-3264.

847 F.3d 941 (2017)

Kyle SOLTESZ, doing business as Top Dog Enterprises, Plaintiff-Appellee v. RUSHMORE PLAZA CIVIC CENTER, a political subdivision of the City of Rapid City; City of Rapid City, a political subdivision of the State of South Dakota, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 7, 2017.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert James Galbraith , of Rapid City, SD. The following attorney(s) appeared on the appellant brief; John K. Nooney , of Rapid City, SD.

Counsel who presented argument on behalf of the appellee was Eric J. Pickar , of Rapid City, SD. The following attorney(s) appeared on the appellee brief; Sarah Baron Houy , of Rapid City, SD; Rod W. Schlauger of Rapid City, SD.

Before MURPHY, GRUENDER, and SHEPHERD, Circuit Judges.

Kyle Soltesz ran a concession stand in the Rushmore Plaza Civic Center in Rapid City, South Dakota. He sued the Civic Center and the City after his lease was terminated — supposedly without due process — and his property seized. At trial, Soltesz alleged municipal liability premised on the decision of a final...

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