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DOUGLAS INDEPENDENT SCHOOL DIST. NO. 3 v. BELL

No. 12358.

272 N.W.2d 825 (1978)

DOUGLAS INDEPENDENT SCHOOL DISTRICT NO. 3 OF MEADE AND PENNINGTON COUNTIES, South Dakota, Plaintiff and Respondent, v. Elmer L. BELL, as County Superintendent of Schools of Meade County, South Dakota, Mrs. Dorothy Burnham, as County Auditor of Meade County, South Dakota, L. L. Kinney as Treasurer of Meade County, South Dakota, Defendants, and Meade Independent School District No. 101 of Meade and Lawrence Counties, South Dakota, Defendant and Appellant, and Rapid City Independent School District of Pennington County, South Dakota, and West River Independent School District of Meade, Ziebach and Perkins County, South Dakota, Defendants.

Supreme Court of South Dakota.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Gregory A. Eiesland and Horace R. Jackson of Lynn, Jackson, Shultz, Ireland & Lebrun, Rapid City, for plaintiff and respondent.

Bruce A. Hubbard of Morrill, Hansen & Hubbard, Sturgis, for defendant and appellant.

MORGAN, Justice.

This is an appeal from a decision of the circuit court for the Eighth Judicial Circuit apportioning approximately 40% of the unobligated balance in the Meade County High School Tuition Fund to the Douglas Independent School District (Douglas) pursuant to SDCL 13-28-33.1 and SDCL 13-28-33.2. Appellant, Meade Independent School District (Meade) contends that the statutory method of distribution utilized is unconstitutional and, alternatively, that if...

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