RYAN v. BOARD OF COUNTY COM'RS, SULLY COUNTY

No. 10657.

175 N.W.2d 902 (1970)

Joe RYAN et al., Appellants, v. BOARD OF COUNTY COMMISSIONERS, SULLY COUNTY, South Dakota, Respondents, and Harold Currier, Individually and as Chairman of the Missouri Slope Water Development Association, Intervener.

Supreme Court of South Dakota.

March 24, 1970.


Attorney(s) appearing for the Case

Neumayr & Jones, Gettysburg, for appellants.

Francis M. Ryan, Onida, for respondents.

Gallagher & Battey, Redfield, for intervener.


RENTTO, Judge.

This litigation concerns an irrigation district formed pursuant to SDC 61.08 as amended. The provisions thereof concerning the formation of such districts appear now in SDCL 46-12, by which reference they will be cited herein. Appellants attack the legality of the law under which the proceedings were had and alternatively claim that in its establishment the requirements of the statutes were disregarded.

Petitions, admittedly in proper form,...

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