United States Eighth Circuit

In a dispute between a county and defendant-fossil hunter involving a fossil-collecting lease agreement, a judgment for the county is vacated and remanded where the district court erred in finding the lease invalid under South Dakota Codified Law section 7-18-32, which requires a public hearing if the annual value of a lease exceeds $500, as the county failed to produce evidence of the value of the lease at the time it was entered.

Appellate Information

• Decided 04/05/2007
• Published 04/05/2007

Judges

• BYE, Circuit Judge., Before BYE, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellees:
  
• Robert Gusinsky, argued, Rapid City, SD (Thomas G. Fritz, Lynn & Jackson, Rapid City, SD, Joseph Eugene Ellingson, Spearfish, SD, on the brief), for Defendants/Appellants., Kenneth E. Barker, argued, Barker & Reynolds, Belle Fourche, SD, for Plaintiffs/Appellees.