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TOTAL AUCTIONS v. DEPT. OF REVENUE & REG.

No. 27804.

888 N.W.2d 577 (2016)

2016 S.D. 95

TOTAL AUCTIONS AND REAL ESTATE, LLC, a South Dakota Limited Liability Company, Andrew Harr and Jason Bormann, Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF REVENUE & REGULATION, South Dakota Department of Motor Vehicles, Peggy Laurenz, individually and in her official capacity as an employee and Director of the South Dakota Department of Motor Vehicles, and Ronald Rysavy, individually and in his official capacity as an employee and agent of the South Dakota Department of Motor Vehicles, Defendants and Appellees.

Supreme Court of South Dakota.

Decided December 14, 2016.

Attorney(s) appearing for the Case

Casey W. Fideler , Christopher L. Fideler of Christopherson, Anderson, Paulson & Fideler, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

James E. Moore , Joel E. Engel III of Woods Fuller Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

[¶ 1.] Total Auctions and Real Estate, LLC (Total Auctions) planned to conduct automobile auctions in Lincoln County. Part of its business plan included the sale of vehicles consigned from automobile dealers not located in Lincoln County. A Division of Motor Vehicles dealer agent advised Total Auctions on how to comply with...

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