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WAARA v. KANE

No. 12089.

269 N.W.2d 395 (1978)

Edward WAARA, on behalf of himself and all others similarly situated, Plaintiff and Respondent, v. George D. KANE, as Commissioner of School and Public Lands, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 10, 1978.

Rehearing Denied September 15, 1978.

Attorney(s) appearing for the Case

Donn Bennett and R. N. Woodruff, of Mueller & Bennett, Belle Fourche, for plaintiff and respondent.

Doyle D. Estes, Asst. Atty. Gen., Pierre, for defendant and appellant; William J. Janklow, Atty. Gen., Pierre, on the brief.

MORGAN, Justice (on reassignment).

In 1972, the Commissioner of School and Public Lands, having noted that by application of the legislatively mandated minimum bid formula1 the school and public lands across the state were being leased for about the same amount per acre as the counties were asking the state to pay in lieu of taxes, and having determined that the formula result did not approximate the fair market value of the leases, unilaterally...

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