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CITY OF RAPID CITY v. ESTES

No. 25868.

805 N.W.2d 714 (2011)

2011 S.D. 75

CITY OF RAPID CITY, a municipal corporation, Plaintiff and Appellant, v. Doyle ESTES, individually, Big Sky, LLC and Dakota Heartland, Inc., Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 16, 2011.

Attorney(s) appearing for the Case

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

Edward C. Carpenter , Stephen C. Hoffman of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for defendants and appellees.

GILBERTSON, Chief Justice.

[¶ 1.] Rapid City (City) Ordinances require a developer to complete certain public improvements before the City accepts a final plat. In lieu of completing the improvements before the City accepts a plat, the City may accept a surety from a developer. In this case, Doyle Estes; Big Sky, LLC; and Dakota Heartland, Inc. (collectively "Developers") provided sureties which the City accepted. The sureties expired. The City sued Developers...

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