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ARCH v. MID-DAKOTA RURAL WATER SYSTEM

No. 24864.

759 N.W.2d 280 (2008)

2008 SD 122

Myril ARCH, Plaintiff and Appellant, v. MID-DAKOTA RURAL WATER SYSTEM, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 17, 2008.

Attorney(s) appearing for the Case

Al Arendt, Pierre, SD, for plaintiff and appellant.

Patrick M. Grode of May, Adam, Gerdes & Thompson, LLP, Pierre, SD, for defendant and appellee.

MEIERHENRY, Justice.

[¶ 1.] The issue before the Court is whether Mid-Dakota Rural Water System (Mid-Dakota) is obligated to provide water to all 12 lots in a housing development owned by Myril J. Arch (Arch). The circuit court granted summary judgment in favor of Mid-Dakota, determining that Mid-Dakota was not obligated to provide water service. Arch appeals. We affirm.

[¶ 2.] Arch owns rural property in Hughes County, South Dakota. He has a restaurant...

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