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LAMAR ADVERTISING v. HEAVY CONSTRUCTORS

No. 25545.

790 N.W.2d 45 (2010)

2010 S.D. 77

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

Supreme Court of South Dakota.

Decided October 6, 2010.

Attorney(s) appearing for the Case

John K. Nooney , Aaron T. Galloway of Nooney, Solay & VanNorman, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

David E. Lust , Rebecca L. Mann of Gunderson, Palmer, Nelson, & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Lamar Advertising of South Dakota, Inc. (Lamar) failed to adhere to the one-year deadline imposed by SDCL 15-30-16 in which to conclude proceedings on a matter remanded by this Court. Heavy Constructors, Inc. (Heavy), the defendant in the matter, moved to dismiss. The trial court heard arguments in which Lamar contended it had good cause for not having proceedings within a year. The trial court

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