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LINCOLN CTY. v. JOHNSON

No. 12091.

257 N.W.2d 453 (1977)

LINCOLN COUNTY, South Dakota, and Delapre Township, Plaintiffs and Appellants, v. Arthur B. JOHNSON and Violet V. Johnson, Sioux Falls Development Foundation, Incorporated, and City of Sioux Falls, a Municipal Corporation, Defendants and Respondents.

Supreme Court of South Dakota.

Decided August 30, 1977.

Attorney(s) appearing for the Case

Richard E. Bogue, Canton, State's Atty., for plaintiff and appellant, Lincoln County.

Sam W. Masten and Jeff Masten, Canton, for plaintiff and appellant, Delapre Township.

Boyce, Murphy, McDowell & Greenfield, Sioux Falls, for defendant and respondent, Sioux Falls Development Foundation, Inc.

Schiager, Schiager & Sechser, and Woods, Fuller, Schultz & Smith, Sioux Falls, for defendant and respondent, City of Sioux Falls.

Warren Neufeld, Asst. Atty. Gen., Pierre, for amicus curiae; William J. Janklow, Atty. Gen., Pierre, on the brief.

MORGAN, Justice.

These actions arise from an attempt by the city of Sioux Falls, Minnehaha County, South Dakota, to locate a sanitary landfill in Delapre Township, Lincoln County, South Dakota, at a site some nine miles southwest of the city without attempting in any manner to comply with or obtain necessary variances or amendments to the Lincoln County Zoning Ordinance or the township bylaw. The Circuit Court of the Second...

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