Legal Opinion
Asphalt Surfacing Co. v. South Dakota Department of Transportation
South Dakota Supreme Court
Decided April 9, 1986No. 15026PublishedCited by 5 opinions
1Opinion of the Court
FOSHEIM, Chief Justice.
Asphalt Surfacing Company (Plaintiff) sought a declaratory judgment and injunction relief when they were not awarded three road improvement contracts with the South Dakota Department of Transportation (DOT). The trial court ruled against Plaintiff and denied the injunctions. We affirm.
In April of 1985, DOT held a bid letting for three projects. Plaintiff was the apparent low bidder but the DOT Commission determined that South Dakota Constitution article III, section 12, prohibited awarding the contract to Plaintiff. This section provides:
No member of the Legislature…
2Cases cited6 opinions
- Norbeck & Nicholson Co. v. StateSouth Dakota Supreme Court · 1913
- Frawley Ranches, Inc. v. LasherSouth Dakota Supreme Court · 1978
- Application of Northwestern Bell Tel. Co.South Dakota Supreme Court · 1982
- State Ex Rel. Grigsby v. OstrootSouth Dakota Supreme Court · 1954
- Palmer v. StateSouth Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pitts v. LarsonSouth Dakota Supreme Court · 2001
- In the Matter of the Interpretation of South Dakota Constitution and State Law Re: State Legislator's Interest in State or County ContractsSouth Dakota Supreme Court · 2024
- In the Matter of the Interpretation of S.D. Const. and State Law Re: Eligibility for Crf Grant ProgramsSouth Dakota Supreme Court · 2020
- Asphalt Surfacing Co. v. South Dakota Department of TransportationSouth Dakota Supreme Court · 1986
- Pitts v. LarsonSouth Dakota Supreme Court · 2001