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LOWE v. CITY OF HOT SPRINGS

No. 27077.

859 N.W.2d 612 (2015)

2015 S.D. 3

Nick J. LOWE, and Croell Redi-Mix, Inc., an Iowa corporation, Plaintiffs and Appellants, v. CITY OF HOT SPRINGS, a South Dakota municipal corporation and Pete Lien & Sons, Inc., a South Dakota corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided January 28, 2015.

Attorney(s) appearing for the Case

Thomas E. Brady of Brady & Pluimer, PC, Spearfish, South Dakota, Attorneys for plaintiffs and appellants.

Donald P. Knudsen of Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee City of Hot Springs.

Larry M. Von Wald , Jessica L. Larson of Beardsley, Jensen & Von Wald, LLC, Rapid City, South Dakota, Attorneys for defendant and appellees Pete Lien & Sons, Inc.

[¶ 1.] The City of Hot Springs (the City) requested proposals from private entities interested in using real property that belonged to the City. Pete Lien & Sons, Inc. (Lien) and Croell Redi-Mix (Croell) both submitted proposals to lease the property on various terms and conditions. Lien's proposal was accepted, and a final...

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