ORR v. KNEIP

No. 12303.

260 N.W.2d 638 (1977)

Robert D. ORR, Frank Dixon, C. H. Peterson, Keith Kettering, Carol Reed and Phyllis Huss, Plaintiffs and Respondents, v. Richard F. KNEIP, Governor of the State of South Dakota, Vern Butler, Secretary of the Department of Natural Resources of the State of South Dakota, the Department of Natural Resources of the State of South Dakota, the South Dakota Conservancy District, the Board of Natural Resource Development of the Department of Natural Resources, Wesley Beaman, Neil Evans, Larry Green, Jake Muehl, James Schmulbach, Dr. James Sturdevant, and J. Harvey Glover, members of the Board of Natural Resource Development, Michael Madden, Director of the Oahe Conservancy Subdistrict, John Sieh, Director of the Oahe Conservancy Subdistrict, Leonard W. Naessig, Director of the Oahe Conservancy Subdistrict, Arnold Schurr, Director of the Oahe Conservancy Subdistrict, Siegfried Swanhorst, Director of the Oahe Conservancy Subdistrict, Glenn Overby, Director of the Oahe Conservancy Subdistrict, Douglas Beckett, Director of the Oahe Conservancy Subdistrict, and William Piper, Director of the Oahe Conservancy Subdistrict, Kenneth Marsh, Stephen Thorson and R. B. Hipple, Defendants, Oahe Conservancy Subdistrict, Defendant and Appellant, Edmunds County, a political subdivision of the State of South Dakota, Intervenor and Defendant, Day County, a political subdivision of the State of South Dakota, Amicus Curiae, Clark County, a political subdivision of the State of South Dakota, Amicus Curiae, City of Huron, a Municipal Corporation of the State of South Dakota, Amicus Curiae.

Supreme Court of South Dakota.

December 30, 1977.


Attorney(s) appearing for the Case

William J. Srstka of Duncan, Olinger, Srstka, Maher & Lovald, Pierre, for plaintiffs and respondents.

Donald Foreman, Asst. Atty. Gen., Pierre, for all defendants; William J. Janklow, Atty. Gen., Pierre, on brief.

Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, Tom P. May, Aberdeen, for defendant and appellant Oahe Conservancy Subdistrict.

Michael T. Hogan, Ipswich, for intervenor and defendant Edmunds County.

Leon J. Vander Linden, Webster, for amicus curiae Day County.

D. G. Syvertson, Clark, for amicus curiae Clark County.

Glen A. Severson, Huron, for amicus curiae City of Huron.


PER CURIAM.

This is an appeal from a temporary injunction. We vacate the injunction and remand the case for trial.

Appellant Oahe Conservancy Subdistrict (hereinafter "the subdistrict") encompasses 15½ counties in the north central portion of the state. The subdistrict was formed by a vote of the electors within the area encompassed by the subdistrict in the general election held in November of 1960. On January 8, 1969, a master contract was entered into...

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