Candee Construction Co. v. South Dakota Department of Transportation

I concur except that I dissent on that part of issue 4 which relates to the disqualification of Candee to bid on a third highway construction project in the Black Hills, entitled project 41. The ruling on this matter by the trial court and the majority is premature. Granting summary judgment on one issue is proper only where that issue is “clearly distinct from the issues on which factual questions [remain].” Stetler v. Fosha, 9 Kan.App.2d 519, 521, 682 P.2d 682, 685 (1984).

Courts in other jurisdictions have found error where summary judgment was granted on an issue which depended for its…