Blue Fox Bar, Inc. v. City of Yankton

GERKEN, Circuit Judge.

Blue Fox Bar, Inc. (Blue Fox) appeals from the trial court’s judgment for the City of Yankton and from the court’s denial of Blue Fox’s motion for a new trial. The City of Yankton has filed a notice of review from the trial court’s order denying the city’s motion for summary judgment. We affirm.

FACTS

In 1967, City of Yankton, pursuant to its plans and specifications, had a lift station designed and constructed on the east side of Yankton. Originally, this lift station served a small area of Yankton, but by 1984, it served the whole area east and northeast of Yankton and…