Blue Fox Bar, Inc. v. City of Yankton

Blue Fox Bar did not receive a fair trial because the trial court dismissed the breach-of-contract claim against the City of Yankton.

The trial court erred in dismissing the breach-of-contract claim where the City’s director of public works Eugene Hoag testified to the existence of a contractual agreement, including specific water and sewer rates.

Q. (By Plaintiff’s Counsel) ... At that time in 1984 the Super-8 was outside the city limits of Yankton; is that correct?

A. Yes, that’s correct.

Q. And that was under a contractual agreement with the Super-8, since they were outside the city limits the…