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H & W Contracting, LLC and Jamie Frentz, a Taxpayer and Elector of the City of Watertown Petitioners and Appellants v. City of Watertown, Municipal Corporation Defendant and Appellee and Pipestone Concrete, Inc. Intervenor and Appellee [2001 SD 107] South Dakota Supreme Court Appeal from the Circuit Court of The Third Judicial Circuit Codington County, South Dakota Hon. Jon R. Erickson, Judge Thomas J. Welk of Boyce, Murphy, McDowell & Greenfield Sioux Falls, South Dakota Matthew McCaulley of Hynes & McCaulley, LLC Sioux Falls, South Dakota Attorneys for petitioners and appellants. Roy A. Wise of Richardson, Groseclose, Wyly, Wise & Sauck Aberdeen, South Dakota Attorneys for appellee City of Watertown. Mark E. Salter of Cutler, Donahoe & Mickleson Sioux Falls, South Dakota Attorneys for appellee Pipestone Concrete. Considered on Briefs May 31, 2001 Opinion Filed 8/15/2001 #21654, 21671, 21675 GILBERTSON, Justice [¶1.] The City of Watertown (City) advertised for bids on a project to replace a portion of its storm sewer. The lowest bidder was Pipestone Concrete, Inc. (Pipestone). H&W Contracting, LLC (H&W) was the next lowest bidder. After the contract was awarded to Pipestone, H&W sued City claiming it should have been awarded the contract because of irregularities in Pipestone

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South Dakota Law