Bozied v. City of Brookings

[¶ 32.] I respectfully dissent from the majority’s holding on its decision to remand for a trial on the issue of foreseeability (section D), and on the holding regarding remedies under a void contract (Section E). I agree with and concur on the majority’s holding regarding the unconstitutionality of the city ordinance (section C). I address only sections D and E.

Circumstances Not Reasonably Foreseeable

[¶ 33.] Did the trial court err in holding the use of change orders violated SDCL 5-18-18.3?

[¶ 34.] This Court’s review of summary judgments is indeed familiar. Summary judgment is authorized…