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KNIGHT v. GRIMES

No. 10072.

127 N.W.2d 708 (1964)

W. W. KNIGHT, Plaintiff and Appellant, v. J. W. GRIMES, Chief Engineer and Executive Officer of South Dakota State Water Resources Commission and the following named persons, as members of said Commission, to wit: Albro Ayres, E. M. Brady, Lester Brue, Carol Cronin, Lauren A. Davis, Stanley A. Johnson and John Sutton, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied May 20, 1964.

Attorney(s) appearing for the Case

W. W. Knight, pro se.

Frank L. Farrar, Atty. Gen., Walter Weygint, Alan Williamson, Asst. Attys. Gen., Pierre, for defendants and respondents.

BANDY, Circuit Judge.

In an action seeking a declaratory judgment the plaintiff, as the owner of land overlying ground water, attacks the constitutionality of Chapters 430 and 431 of the Laws of 1955. (Now, respectively, SDC 1960 Supp. 61.01 and 61.04) He contends that these acts violate the 5th and 14th Amendments to the Constitution of the United States, and sections 2 and 13 of Article VI of the South Dakota Constitution. Upon full consideration of the matter the...

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