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  5. 889 N.W.2d 131 (2016)
 

STATE v. JB ENTERPRISES, INC.

Nos. 27176, 27181.

889 N.W.2d 131 (2016)

2016 S.D. 89

STATE of South Dakota, by and through the DEPARTMENT OF TRANSPORTATION and the South Dakota Transportation Commission, Plaintiffs and Appellees, v. JB ENTERPRISES, INC., Defendant and Appellant.

Supreme Court of South Dakota.

December 7, 2016.

Attorney(s) appearing for the Case

Karla L. Engle , Special Assistant Attorney General, Department of Transportation Office of Legal Counsel, Pierre, South Dakota, Attorneys for plaintiffs and appellees.

Mark V. Meierhenry , Clint Sargent , Christopher Healy of Meierhenry Sargent, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

[¶ 1.] Justice Kern delivers the opinion of the Court on Issue One (raised by the State on notice of review) and Issue Two. Chief Justice Gilbertson delivers the opinion of the Court on Issue Three.

[¶ 2.] KERN, Justice, writing for the Court on Issue One and Issue...

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