Legal Opinion · Dissent

Bak v. Jones County

South Dakota Supreme Court

Decided August 28, 1973No. File 11201Published

1DissentHanson, Justice

The trial court found that in June 1971 heavy rains caused damage to the Van Metre road in northern Jones County creating an emergency requiring immediate repair of such road. We are bound by such finding. Plaintiff repaired the road at the request of the County Commissioners and under the direction and supervision of the County Highway Superintendent.

Under the circumstances it was impracticable and impossible for the County Commissioners to have plans and specifications prepared and to comply with the competitive bid statutes. The consequent delay could be dangerous and could expose the…

2Cases cited3 opinions

  1. Northwestern Sheet & Iron Works v. County of SiouxNorth Dakota Supreme Court · 1949
  2. Merchants National Bank & Trust Co. of Fargo v. City of Grand ForksNorth Dakota Supreme Court · 1964
  3. State Ex Rel. Small v. Hughes County CommissionSouth Dakota Supreme Court · 1965

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