Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court, in Sapienza v....more
The South Dakota Supreme Court (“Court”) addressed in a December 19th opinion an issue involving governmental taking and nuisance claims. See Krsnak v. Brant Lake Sanitary District, 2018 WL 6683535. The issues arose in the...more