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RAPID CITY AREA SCH. DIST. v. BLACK HILLS

No. 13103.

303 N.W.2d 811 (1981)

RAPID CITY AREA SCHOOL DISTRICT NO. 51-4, Plaintiff and Appellee, v. BLACK HILLS AND WESTERN TOURS, INC., Individually and as Representative of the Class of Taxpayers of the Rapid City Area School District No. 51-4, Defendant and Appellee, and Stagecoach West Leasing, Inc., Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 1, 1981.

Attorney(s) appearing for the Case

J. Crisman Palmer of Gunderson & Palmer, Rapid City, for plaintiff and appellee.

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendant and appellee.

James W. Olson of Wilson, Bottum, Olson, Goodsell & Nash, Rapid City, for defendant and appellant.

HENDERSON, Justice.

ACTION

Appellant (Stagecoach West Leasing, Inc.) appeals from the trial court's ruling in a declaratory judgment action in favor of appellees (Black Hills & Western Tours, Inc. and Rapid City Area School District No. 51-4). The trial court declared that appellee school district's retention of a bid security made by appellant is proper, and that appellee school district's intent to return the bid security to appellant is not within...

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