BILLBOARDS - SOUTH DAKOTA

Lamar Advertising of South Dakota, L.L.C. v. City of Rapid City

Supreme Court of South Dakota - June 3, 2020 - N.W.2d - 2020 WL 2959720 - 2020 S.D. 30

Competitor filed declaratory judgment action against city and billboard company, requesting that settlement between them regarding company’s signs be declared invalid. Billboard company filed counterclaim for tortious interference with contractual relations and sought declaration that similarly agreement between competitor and city was invalid.

The Circuit Court denied competitor’s motion for summary judgment on its request for declaratory judgment, denied company’s motion for summary judgment requesting that the court declare competitor’s agreement with city void, and granted competitor’s motion for summary judgment on counterclaim for tortious interference with contractual relations. Competitor appealed, and, by notice of review, company challenged denial of its summary judgment motion.

The Supreme Court held that:



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