Aune v. B-Y Water District

464 N.W.2d 1 (1990)

Steven F. AUNE and Karen A. Aune, husband and wife, Plaintiffs and Appellees,

v.

B-Y WATER DISTRICT, Defendant and Appellant.

No. 16707.

Supreme Court of South Dakota.

Considered on Briefs February 12, 1990.

Decided December 5, 1990.

Larry F. Hosmer, Yankton, for plaintiffs and appellees.

Thomas E. Alberts, Avon, for defendant and appellant.

SABERS, Justice (On reassignment).

B-Y appeals from a $12,000 jury verdict in favor of Aune claiming sovereign immunity applies because it is an agency or subdivision of the state.

Facts

Steven and Karen Aune (Aune) purchased land in rural Yankton…