Olesen v. Town (City) of Hurley

*326ECKRICH, Circuit Judge.

[¶ 1.] City of Hurley (City) appeals 1) the trial court’s determination that it was not entitled to summary judgment on the issue of sovereign immunity and 2) the trial court’s grant of partial summary judgment to Burnell and Mary E. Olesen (Olesens) holding that City’s operation of a restaurant was an ultra vires act. We affirm.

FACTS

[¶ 2.] Olesens operated Little Philly’s Café in Hurley, South Dakota from the mid-1980s until 1998. From 1995 until this lawsuit commenced in 1998, the City sold food within the confínes of the-Hurley Municipal Bar.1 Little Philly’s and the…