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Bozied v. City of Brookings

638 N.W.2d 264 (2001)

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Bozied v. City of Brookings

South Dakota Supreme Court

638 N.W.2d 264 (2001)

Facts

The city of Brookings (the city) (defendant) entered into a construction contract with Mills Construction, Inc. (Mills). After construction began, the city issued two change orders that added new work to the contract. The work was added because the city had secured tenants earlier than expected. Mills agreed to complete the work specified in the change orders. The city paid Mills for the work completed under the change orders. Thomas Bozied (plaintiff), a taxpayer, brought suit, contending that the change orders violated statutory competitive-bidding requirements. The circuit court found that the change orders violated these statutory requirements and declared the change orders void. Further, the circuit court held that equitable remedies were unavailable to Mills and ordered Mills to refund the money it received under the change orders. Mills and the city appealed.

Rule of Law

Issue

Holding and Reasoning (Konenkamp, J.)

Dissent (Von Wald, J.)

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