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LAMAR ADVERTISING v. CITY OF RAPID CITY

#28903, #28923.

944 N.W.2d 793 (2020)

2020 S.D. 30

LAMAR ADVERTISING OF SOUTH DAKOTA, L.L.C., a South Dakota Limited Liability Company, Plaintiff and Appellant, v. CITY OF RAPID CITY, a South Dakota Municipal Corporation, and Epic Outdoor Advertising, a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

OPINION FILED June 3, 2020.

Attorney(s) appearing for the Case

EDWARD C. CARPENTER of Costello, Porter, Hill, Heisterkamp, Bushnell & Carpenter, LLP, Rapid City, South Dakota, Attorneys for plaintiff and appellant.

JOEL P. LANDEEN , CARLA R. CUSHMAN of City of Rapid City Rapid City, South Dakota, Attorneys for defendant and appellee City of Rapid City.

MICHAEL K. SABERS of Clayborne, Loos & Sabers, LLP, Rapid City, South Dakota, Attorneys for defendant and appellee Epic Outdoor Advertising.

[¶1.] In this appeal, Lamar Advertising contends that the circuit court erred in failing to declare that the City of Rapid City unlawfully bargained away its police power when it entered into a settlement agreement with Epic Outdoor Advertising under which the City agreed to amend certain sign code ordinances and grant Epic...

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