Opinion

Blue Fox Bar, Inc. v. City of Yankton

  • 424 N.W.2d 915
  • 1988 S.D. LEXIS 83
  • 1988 WL 58171
Court
South Dakota Supreme Court
Filed
Jun 8, 1988
Status
Published
Author
Henderson
On the bench
Wuest, Morgan, Henderson, Sabers, Gerken, Miller
Cited by
11 cases
Authority
More cited than 8.0%

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).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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