Fisher Sand & Gravel Co. v. State Ex Rel. South Dakota Department of Transportation

558 N.W.2d 864 (1997)

1997 SD 8

FISHER SAND & GRAVEL CO., with its principal place of business at Dickinson, North Dakota, Plaintiff and Appellee,

v.

The STATE of South Dakota By and Through the SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, a state agency located in Pierre, South Dakota, Defendant and Appellant.

No. 19247.

Supreme Court of South Dakota.

Considered on Briefs February 14, 1996.

Reassigned September 4, 1996.

Decided February 12, 1997.

Rehearing Denied March 10, 1997.

Ronald G. Schmidt of Schmidt, Schroyer, Moreno, & DuPris, Pierre, for plaintiff and appellee.

Ronald W. Banks and Barton R.…