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EAGLE ELK v. WESTBY

No. 12656.

288 N.W.2d 317 (1980)

Victoria EAGLE ELK, on her behalf and on behalf of all others similarly situated, Plaintiffs and Appellants, v. Dr. Orville WESTBY, Director of Department of Social Services, State of South Dakota, in his official capacity; E. J. Colleran, State Program Administrator for Assistance Payments in his official capacity; Orville Kautz, R.P.A., Regional Supervisor of Assistance Payments in his official capacity; and their agents, assigns and successors in office, Defendants and Respondents.

Supreme Court of South Dakota.

Decided February 13, 1980.

Attorney(s) appearing for the Case

Rebecca Janowitz, South Dakota Legal Services, Batesland, for plaintiffs and appellants; Yvette Hall War Bonnet and Anita Remerowski, South Dakota Legal Services, Mission, on brief.

Janice Godtland, Asst. Atty. Gen., Pierre, for defendants and respondents; William J. Janklow, Atty. Gen., Pierre, on brief.

WOLLMAN, Chief Justice.

Plaintiff appeals from the trial court's order denying injunctive and declaratory relief concerning the method of prior month budgeting (PMB) used by the South Dakota Department of Social Services (Department). We dismiss the appeal for mootness.

Plaintiff asked for a declaratory judgment and an injunction on the grounds that the PMB system used by the Department violated plaintiff's constitutional right to due process and, further...

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