# Blue Fox Bar, Inc. v. City of Yankton

> South Dakota Supreme Court · June 8, 1988 · 424 N.W.2d 915

URL: https://www.frixlaw.com/law-library/cases/9670357

## Case

- **Full name:** BLUE FOX BAR, INC., Plaintiff and Appellant, v. CITY OF YANKTON, Defendant and Appellee
- **Court:** South Dakota Supreme Court
- **Decided:** June 8, 1988
- **Citations:** 424 N.W.2d 915; 1988 S.D. LEXIS 83; 1988 WL 58171
- **Precedential status:** Published
- **Opinion:** Dissent by Henderson
- **Judges:** Wuest, Morgan, Henderson, Sabers, Gerken, Miller
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9670357

## How later opinions describe it (automated extraction)

- holding governmental immunity is no defense to contractual liability

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9670357. Public record. Not legal advice.