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S.D. PUBLIC ASSUR. ALLIANCE v. AURORA CTY.

No. 25795.

803 N.W.2d 612 (2011)

2011 S.D. 53

SOUTH DAKOTA PUBLIC ASSURANCE ALLIANCE, Plaintiff and Appellee, v. AURORA COUNTY, a Subdivision of the State of South Dakota, Defendant and Appellant, and E.L. Thompson Farms, Ltd., Defendant.

Supreme Court of South Dakota.

Decided August 31, 2011.

Attorney(s) appearing for the Case

Roy A. Wise , Kimberly A. Dorsett of Richardson, Wyly, Wise, Sauck, & Hieb, LLP, Aberdeen, South Dakota, Attorneys for plaintiff and appellee SD Public Assurance Alliance.

Roger A. Tellinghuisen , Brad P. Gordon of Tellinghuisen & Gordon, P.C., Spearfish, South Dakota, Attorneys for defendant and appellant, Aurora County.

ZINTER, Justice.

[¶ 1.] In 2001, the South Dakota Public Assurance Alliance (SDPAA), a local government risk pool, negotiated with Aurora County (County) to provide what is essentially insurance coverage.1 During negotiations, the two entities had a number of communications concerning coverage for zoning matters. County alleges that in the communications County disclosed a potential claim involving a pre-existing zoning dispute between...

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