Legal Opinion

Northwestern Public Service Co. v. Housing & Redevelopment Commission

South Dakota Supreme Court

Decided June 9, 1982No. 13469PublishedCited by 11 opinions

1Opinion of the Court

MORGAN, Justice.

This appeal arises from a declaratory judgment which required appellant, Housing and Redevelopment Commission of Aberdeen (HRC), to pay a gross receipts tax on its purchase of electricity from Northwestern Public Service (NWPS). HRC appeals, arguing that it is exempt from payment of such a gross receipts tax by SDCL 10-45-10 and 11-7-72. We affirm the trial court’s ruling that HRC is not exempt from payment of the tax by these provisions.1

HRC, which qualifies as a municipal corporation, owns a 75-unit apartment building and several single-family dwellings in Aberdeen. These…

2Cases cited7 opinions

  1. Nash Finch Co. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1981
  2. Application of VeithSouth Dakota Supreme Court · 1978
  3. National College of Business v. Pennington CountySouth Dakota Supreme Court · 1966
  4. South Dakota State Medical Association v. JonesSouth Dakota Supreme Court · 1966
  5. C. A. Wagner Construction Co. v. City of Sioux FallsSouth Dakota Supreme Court · 1947

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. In Re the State & City Sales Tax Liability of Quality Service Railcar Repair Corp.South Dakota Supreme Court · 1989
  2. K Mart Corp. v. South Dakota Department of RevenueSouth Dakota Supreme Court · 1984
  3. Thermoset Plastics, Inc. v. State, Department of RevenueSouth Dakota Supreme Court · 1991
  4. State v. SondrealSouth Dakota Supreme Court · 1990
  5. In Re the Sales Tax Liability of Valley Queen CheeseSouth Dakota Supreme Court · 1986

6 more not listed; retrieve them via the Exa API.

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