HARDING COUNTY, SD v. Frithiof

575 F.3d 767 (2009)

HARDING COUNTY, SOUTH DAKOTA, et al., Plaintiffs-Appellants,

v.

Ron FRITHIOF, et al., Defendants-Appellees.

No. 08-1540.

United States Court of Appeals, Eighth Circuit.

Submitted: February 12, 2009.

Filed: August 6, 2009.

Kenneth E. Barker, argued, Belle Fourche, SD, for appellant.

Jane Wipf Pfeile, argued, Rapid City, SD (Thomas G. Fritz, Rapid City, IA and Joseph E. Ellingson, Spearfish, SD, on the brief), for appellee.

Before LOKEN, Chief Judge, MELLOY and BENTON, Circuit Judges.

LOKEN, Chief Judge.

Harding County, South Dakota, is home to many valuable fossils. In June 1998,…