ORR v. KNEIP

Nos. 12596, 12629.

287 N.W.2d 480 (1979)

Robert D. ORR, Frank Dixon, C. H. Peterson, Keith Kettering, Carol Reed and Phyllis Huss, Plaintiffs and Respondents, v. Richard F. KNEIP, Governor of the State of South Dakota; Vern Butler, Secretary of the Department of Natural Resources of the State of South Dakota; The Department of Natural Resources of the State of South Dakota; The South Dakota Conservancy District; The Board of Natural Resource Development of the Department of Natural Resources, Wesley Beaman, Neil Evans, Larry Green, Jake Muehl, James Schulbach, Dr. James Sturdevant, and J. Harvey Glover, Members of the Board of Natural Resource Development; Michael Madden, Director of the Oahe Conservancy Subdistrict; John Sieh, Director of the Oahe Conservancy Subdistrict; Leonard W. Naessig, Director of the Oahe Conservancy Subdistrict; Arnold Schurr, Director of the Oahe Conservancy Subdistrict; Siegfried Swanhorst, Director of the Oahe Conservancy Subdistrict; Glenn Overby, Director of the Oahe Conservancy Subdistrict; Douglas Beckett, Director of the Oahe Conservancy Subdistrict; and William Piper, Director of the Oahe Conservancy Subdistrict; Kenneth Marsh, Stephen Thorson and R. B. Hipple, Defendants, and Oahe Conservancy Subdistrict, Defendant and Appellant, and Edmunds County, a political subdivision of the State of South Dakota, Intervenor and Defendant, and Day County, a political subdivision of the State of South Dakota, Amicus Curiae, and Clark County, a political subdivision of the State of South Dakota, Amicus Curiae, and City of Huron, a municipal corporation of the State of South Dakota, Amicus Curiae.

Supreme Court of South Dakota.

Decided December 28, 1979.


Attorney(s) appearing for the Case

William J. Srstka, Jr. of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for plaintiffs and respondents.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for all other defendants; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Lawrence L. Piersol of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellant, Oahe Conservancy Subdistrict.

Michael T. Hogan, Ipswich, for intervenor and defendant, Edmunds County.

Leon Vander Linden, Webster, for amicus curiae, Day County.

D. G. Syvertson, Clark, for amicus curiae, Clark County.

Glen A. Severson, Huron, for amicus curiae, City of Huron, South Dakota.


MORGAN, Justice.

This consolidated appeal is taken by the Oahe Conservancy Subdistrict (subdistrict) from two judgments of the Circuit Court, Sixth Judicial Circuit. Appeal # 12596 challenges the trial court's decision in a declaratory judgment action that the apportionment of the Oahe Conservancy Subdistrict Board of Directors is unconstitutional. The subdistrict appeals on the issue of adequacy of the instructions. In Appeal # 12629, the subdistrict challenges the...

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