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STATE EX REL. AURORA CTY. v. CIR. CT., FIFTH JUD. CIR., ETC.

No. 12420.

268 N.W.2d 607 (1978)

STATE of South Dakota ex rel. AURORA COUNTY, Beadle County, Bon Homme County, Brown County, Brule County, Charles Mix County, Clark County, Clay County, Corson County, Davison County, Day County, Dewey County, Edmunds County, Faulk County, Jackson County, Jerauld County, Jones County, Lincoln County, Lyman County, McCook County, McPherson County, Miner County, Minnehaha County, Moody County, Pennington County, Sanborn County, Spink County, Union County, Walworth County and Yankton County, all being political subdivisions of the State of South Dakota, Plaintiffs, v. CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, BROWN COUNTY, South Dakota, the Honorable Eugene E. Dobberpuhl, Circuit Judge and the Chicago, Milwaukee, St. Paul & Pacific Railroad Company, Defendants.

Supreme Court of South Dakota.

Decided August 3, 1978.

Attorney(s) appearing for the Case

Jeremiah D. Murphy, of Boyce, Murphy, McDowell & Greenfield, Sioux Falls, and Terence A. O'Keefe, of Siegel, Barnett, Schutz, O'Keefe & Jewett, Aberdeen, for plaintiffs.

Chester A. Groseclose, Jr., of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendant Chicago, M., St. Paul & Pac. R. Co.

ZASTROW, Justice.

The plaintiffs petitioned this court asking that we assume original jurisdiction by writ of certiorari under SDCL 21-31. They allege that the Fifth Judicial Circuit Court, Hon. Eugene Dobberpuhl presiding, has exceeded its jurisdiction by hearing and entering a judgment in the tax appeals taken by the Chicago, Milwaukee, St. Paul and Pacific Railroad Company (railroad). This court issued a writ of certiorari directing the respondents to certify and...

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