holding governmental immunity is no defense to contractual liability
How later courts described this case
- holding governmental immunity is no defense to contractual liability
- “This court has stated that no one has any vested rights in the use of sewers nor can the city grant such a vested right”
Written by the judges who cited it.
The opinion
HENDERSON, Justice
(dissenting).
In joining Justice Sabers’ dissent, it escapes logic and reason that a municipality can reap the benefits of an agreement and avoid its burdens. A city’s furnishing of water or sewer service outside city limits is contractual in nature, and such a contract should be enforced according to its terms. Bleick v. City of Papillion, 219 Neb. 574 , 365 N.W.2d 405 (1985).
Where political subdivisions of this state openly contract with the private sector, should they not be held to their contract? Must they not maintain a credible posture? If they can hide behind their governmental veil, they become men of commerce only when it is to their liking. This cannot be.
Here, the City of Yankton’s own director of public works testified that services were provided under a contractual agreement with the Super 8. “It is settled law in South Dakota that a party to a lawsuit cannot claim the benefit of a version of relevant facts more favorable to his own contentions than he has given in his own testimony.” Connelly v. Sherwood, 268 N.W.2d 140, 141 (S.D.1978). See also Swee v. Myrl & Roy’s Paving, Inc., 283 N.W.2d 570 (S.D.1979).