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CITY OF RAPID CITY v. STATE

No. 12767.

279 N.W.2d 165 (1979)

CITY OF RAPID CITY, a Municipal Corporation and County of Pennington, a Political Subdivision, Plaintiffs and Respondents, v. STATE of South Dakota, Defendant and Appellant, Vincent H. Boland and Edna Kingsbury Boland, Anastasia Pappas, Lyle Arthur Poage and Eva Mae Poage, Raymond A. Stoltz and Elsie F. Stoltz, Gilbert G. Raben and Velma J. Raben, Stath S. Mantzeroros, Clifford W. Deschamp and Delores Deschamp, Claire C. Coomes and Erma Coomes, Robert Bielmeier, William C. Jefferson and Hazel Jefferson, Defendants and Respondents.

Supreme Court of South Dakota.

May 17, 1979.

Attorney(s) appearing for the Case

Gene LeBrun and Horace R. Jackson of Lynn, Jackson, Shultz & LeBrun, Rapid City, for plaintiffs and respondents.

Mark V. Meierhenry, Atty. Gen., David O. Carter, Asst. Atty. Gen., Pierre, for defendant and appellant.

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for defendants and respondents, except William C. Jefferson and Hazel Jefferson.

David P. Olson, Rapid City, for defendants and respondents William C. and Hazel Jefferson.

PER CURIAM.

This appeal by the State of South Dakota asserts that the trial court erred in denying appellant's motion for change of venue. The trial court entered its order of denial on April 4, 1979, and the State served and filed its notice of appeal on April 18, 1979. The respondents have moved this Court for dismissal of the appeal upon the grounds that such intermediate order is not appealable of right under the provisions of SDCL 15-26-1.

This motion...

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