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SPEARFISH EVANS-TONN DITCH v. HORIZON INVESTMENTS

5:23-CV-05016-RAL.

715 F.Supp.3d 1219 (2024)

SPEARFISH EVANS-TONN DITCH COMPANY, a South Dakota Nonprofit Corporation, Plaintiff, v. HORIZON INVESTMENTS, LLC, a South Dakota Limited Liability Company; and City of Spearfish, a South Dakota Municipality, Defendants.

United States District Court, D. South Dakota, Western Division.

Signed February 6, 2024.

Attorney(s) appearing for the Case

Kenneth E. Barker, Barker Law Firm, LLC, Belle Fourche, SD, for Plaintiff.

Richard M. Williams, Aidan Fitzgerald Goetzinger, Gunderson, Palmer, Nelson & Ashmore, LLP, Rapid City, SD, for Defendants.

OPINION AND ORDER GRANTING DEFENDANTS' MOTION TO DISMISS

Plaintiff Spearfish Evans-Tonn Ditch Company ("Evans-Tonn"), a South Dakota nonprofit corporation, filed a Complaint containing five counts against Horizon Investments, LLC. ("Horizon"), a South Dakota limited liability company, and the City of Spearfish...

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