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COUNTY OF TRIPP v. STATE

No. 12268.

264 N.W.2d 213 (1978)

COUNTY OF TRIPP, South Dakota, a political subdivision of the State of South Dakota, Warren Sealy, Wesley Frantz, and Don Mason, Individually and as Commissioners of Tripp County, Plaintiffs and Appellants, v. STATE of South Dakota, Richard F. Kneip, Governor, Lorna Herseth, Secretary of State, William J. Janklow, Attorney General, and Shirley Briggs, County Auditor of Tripp County, Defendants and Respondents, and Clayton "Bud" Haley and Anita Remerowski, Defendant-Intervenors and Respondents, and Marlow Newman, Intervenor.

Supreme Court of South Dakota.

Decided March 27, 1978.

Rehearing Denied May 1, 1978.

Attorney(s) appearing for the Case

Tom D. Tobin and Earl R. Mettler, Winner, for plaintiffs and appellants.

Doyle D. Estes, Asst. Atty. Gen., Pierre, for defendants and respondents; William J. Janklow, Atty. Gen., Pierre, on brief.

John J. Simpson, Winner, Terry Pechota, Mission, for defendant-intervenors and respondents.

John W. Grieves, Winner, for intervenor Marlow Newman.

PORTER, Justice.

CASE SUMMARY

This is an appeal from a judgment of the circuit court declaring the attachment of the unorganized county of Todd to the organized county of Tripp for administration of governmental and fiscal affairs pursuant to SDCL 7-17-1 constitutional. The appellants (County of Tripp and the Board of Commissioners of Tripp County) contend that SDCL 7-17-1 denies them due process, equal protection, and their right to a free and equal election...

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