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ELK POINT IND. SCH. DIST. NO. 3 v. STATE COM'N ON E. & S. ED.

No. 10854.

187 N.W.2d 666 (1971)

ELK POINT INDEPENDENT SCHOOL DISTRICT NO. 3 OF UNION COUNTY, South Dakota, et al., Petitioners-Respondents, v. STATE COMMISSION ON ELEMENTARY AND SECONDARY EDUCATION, Defendant-Appellant, and Union County Board of Education of Union County, South Dakota, Marilyn Bennett, Union County Superintendent of Schools, Defendants.

Supreme Court of South Dakota.

June 9, 1971.

Attorney(s) appearing for the Case

Dana, Golden, Moore & Rasmussen, Sioux Falls, for petitioners-respondents.

Gordon Mydland, Atty. Gen., Horace R. Jackson, Sp. Asst. Atty. Gen., Pierre, for defendant-appellant.

RENTTO, Presiding Judge.

The State Commission on Elementary and Secondary Education on November 25, 1969, created an independent school district in the south half of Union County to be effective July 1, 1970. In it were included all of the land areas of nine common school districts and a portion of another, and all of the land areas within the Elk Point and Jefferson Independent districts. The Elk Point district and two of its elector-taxpayers petitioned the circuit...

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