Legal Opinion
Clark County v. Sioux Equipment Corp.
South Dakota Supreme Court
Decided July 2, 2008No. 24462PublishedCited by 21 opinions
1Opinion of the Court
ZINTER, Justice.
[¶ 1.] Sioux Equipment installed a fuel storage and dispensing system on real property owned by Clark County (County). County and the State of South Dakota Petroleum Release Compensation Fund (PRCF) sued Sioux Equipment when the system leaked and released diesel fuel into the environment. Sioux Equipment moved for summary judgment on the ground that a ten-year statute of repose barred County’s and PRCF’s claims. The circuit court granted Sioux Equipment’s motion, concluding that Sioux Equipment’s work was “an improvement” to real property within the meaning of the statute of…
2Cases cited30 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Rosenberg v. Town of North BergenSupreme Court of New Jersey · 1972
- Yakima Fruit & Cold Storage Co. v. Central Heating & Plumbing Co.Washington Supreme Court · 1972
- Chem-Age Industries, Inc. v. GloverSouth Dakota Supreme Court · 2002
- Bordeaux v. Shannon County SchoolsSouth Dakota Supreme Court · 2005
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3Cited by21 opinions
- CTS Corp. v. WaldburgerSupreme Court of the United States · 2014
- Sharon Gill, on her own behalf and on behalf of the Estate of Gale Gill v. Evansville Sheet Metal Works, Inc.Indiana Supreme Court · 2012
- Pitt-Hart v. Sanford USD Medical CenterSouth Dakota Supreme Court · 2016
- Kirby v. Jean's Plumbing Heat & AirSupreme Court of Oklahoma · 2009
- Anderson v. United StatesCourt of Appeals of Maryland · 2012
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