ANDERSON v. KENNEDY

No. 12279.

264 N.W.2d 714 (1978)

Ellard ANDERSON, H. J. Henle, Melvin Hult, Harold Young, S. W. Peterson, Oliver J. Hult, John Isakson, Merle Lykken, Stanley Akland, Isaac Lykken, Marvin Sommervold, Arthur Vetos, Gilbert Ustad, Willard Jensen, Earl Ellison, Ernest Jensen, Oliver Carlson and Edwin Thormodsgaard, Plaintiffs and Appellants, v. Robert G. KENNEDY, the School Board of Beresford School District, No. 61-2 of Union County, South Dakota, and Beresford School District, No. 61-2 of Union County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

Rehearing Denied May 12, 1978.


Attorney(s) appearing for the Case

Charles Lacey, Sioux Falls, for plaintiffs and appellants.

Phillip O. Peterson of Frieberg, Frieberg & Peterson, Beresford, for defendants and respondents.


ZASTROW, Justice.

This action was brought by the appellants, who reside within the Beresford School District, in their capacity as taxpayers. They sought to enjoin the respondents, Beresford School Board (Board) and Robert Kennedy (Kennedy), chairman of the Board, from opening and accepting bids for the construction of an auditorium-gymnasium.

This appeal is a result of the circuit court's denial of appellants' request for an interlocutory injunction and its...

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