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KRAMAR v. BON HOMME COUNTY

No. 10510.

155 N.W.2d 777 (1968)

O. F. KRAMAR, Plaintiff and Respondent, v. BON HOMME COUNTY, a public corporation, Clarence Bowers, Frank Mann, Albert Kreber, Art Clough and Martin Van Gerpen, as the Board of County Commissioners of Bon Homme County, South Dakota, and Jerry Hermanek, as the Auditor of Bon Homme County, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

January 22, 1968.

Attorney(s) appearing for the Case

Elmer Gemar, Springfield, for defendants and appellants.

Blaine Simons, Sioux Falls, for plaintiff and respondent.

Frank L. Farrar, Atty. Gen., C. J. Kelly, Asst. Atty. Gen., Pierre, amicus curiae.

PER CURIAM:

By a declaratory judgment action plaintiff-respondent, a taxpayer owning property within three common school districts in Bon Homme County, seeks a determination of constitutionality of our statute creating a County Elementary School Equalization Fund.1 He sets forth in his complaint various provisions of the state and federal constitutions which he claims are violated by the statute. All were considered by the trial court...

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