Elkjer v. City of Rapid City

KONENKAMP, Justice.

[¶ 1.] Under a Rapid City ordinance, homeowners are responsible for damage to their property caused by service lines extending from the City’s water main to the water stop on the homeowner’s property. When the homeowners here sued the City to recover for damage caused by a broken service line, the circuit court granted the City’s motion to dismiss for failure to state a claim upon which relief can be granted. On appeal, plaintiffs contend that the City’s ordinance violates the open courts provision of the South Dakota Constitution as an unwarranted extension of sovereign…