BINGHAM FARMS TRUST v. BELLE FOURCHE

28650, 28658.

932 N.W.2d 916 (2019)

2019 S.D. 50

BINGHAM FARMS TRUST, Plaintiff and Appellant, v. CITY OF BELLE FOURCHE, a South Dakota Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Opinion Filed August 14, 2019.


Attorney(s) appearing for the Case

DAVID L. CLAGGETT of Claggett & Dill, Prof. LLC, Spearfish, South Dakota, Attorneys for plaintiff and appellant.

KELLEN B. WILLERT of Bennett, Main, Gubbrud & Willert, P.C., Belle Fourche, South Dakota, Attorneys for defendant and appellee.


[¶1.] Bingham Farms Trust (Bingham) objected to a special assessment lien levied upon its property by the City of Belle Fourche (City). The circuit court concluded that it lacked subject matter jurisdiction to determine Bingham's claims and granted the City's motion to dismiss, but denied its request for attorney fees. Bingham...

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