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City, B-Y Mediation Efforts Come Up Short
Lawsuit Scheduled For Trial In Sioux Falls Oct. 28
By Nathan Johnson
nathan.johnson@yankton.net
A B-Y Rural Water District federal lawsuit against the City of Yankton will apparently go to trial after mediation efforts last month proved unsuccessful, city officials said Friday.
“We went through the mediation process. The mediation failed, so we’ll be going to court in October,” Mayor Dan Specht said during a media briefing Friday afternoon.
Officials from both parties met Aug. 26 to mediate a settlement, according to Specht. He wouldn’t disclose who was present or what was discussed during the meeting.
“It’s one of those things where I’d like to tell you everything, but because of the legal ramifications, I can’t,” he said.
“We were always optimistic mediation could work,” he added. “That’s why we did it. If we weren’t, we wouldn’t have wasted our time and money.”
Citing federal law, B-Y filed a federal lawsuit against Yankton last fall claiming that its jurisdiction to serve water covers all of Yankton County except for the municipal boundaries of the city as they existed on or before the district’s inception in 1977. As part of the suit, the rural water provider is asking for unspecified damages.
The city filed a response to the lawsuit citing a South Dakota law stating that, when someone within three miles of a municipality that owns and operates a water supply system requests water from a rural water system, the city has 60 days to elect to provide water service.
The case is scheduled to be heard in Sioux Falls at 9 a.m. Oct. 28.
Specht said the city will now wait for a court’s decision on the matter.
“It could absolutely set a precedent that would be negative for us, B-Y Water or both,” he said. “We want the best possible outcome for everybody.”
“You just hope it works itself out,” City Manager Doug Russell added. “You’re looking for options and any opportunity to come to a successful fruition.”
“We went through the mediation process. The mediation failed, so we’ll be going to court in October,” Mayor Dan Specht said during a media briefing Friday afternoon.
Officials from both parties met Aug. 26 to mediate a settlement, according to Specht. He wouldn’t disclose who was present or what was discussed during the meeting.
“It’s one of those things where I’d like to tell you everything, but because of the legal ramifications, I can’t,” he said.
“We were always optimistic mediation could work,” he added. “That’s why we did it. If we weren’t, we wouldn’t have wasted our time and money.”
Citing federal law, B-Y filed a federal lawsuit against Yankton last fall claiming that its jurisdiction to serve water covers all of Yankton County except for the municipal boundaries of the city as they existed on or before the district’s inception in 1977. As part of the suit, the rural water provider is asking for unspecified damages.
The city filed a response to the lawsuit citing a South Dakota law stating that, when someone within three miles of a municipality that owns and operates a water supply system requests water from a rural water system, the city has 60 days to elect to provide water service.
The case is scheduled to be heard in Sioux Falls at 9 a.m. Oct. 28.
Specht said the city will now wait for a court’s decision on the matter.
“It could absolutely set a precedent that would be negative for us, B-Y Water or both,” he said. “We want the best possible outcome for everybody.”
“You just hope it works itself out,” City Manager Doug Russell added. “You’re looking for options and any opportunity to come to a successful fruition.”
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