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FOX v. KNEIP

No. 12980.

294 N.W.2d 657 (1980)

Lloyd FOX and Howard Jensen, Plaintiffs and Respondents, v. Richard F. KNEIP, George Kane, and Alice Kundert, as members of the Board of School and Public Lands, and George Kane, as Commissioner of School and Public Lands, Defendants and Appellants.

Supreme Court of South Dakota.

Decided July 16, 1980.

Rehearing Denied August 22, 1980.

Attorney(s) appearing for the Case

Donn Bennett, Belle Fourche, for plaintiffs and respondents.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for defendants and appellants; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

DUNN, Justice.

This appeal is taken from an order of the circuit court denying damages to the State. We reverse.

The facts of this case are fully set forth in Fox v. Kneip, 260 N.W.2d 371 (S.D. 1977), which we will summarize briefly. In the spring of 1976 the Commissioner of School and Public Lands (Commissioner) set the minimum annual rental rate per acre of the school and public land in South Dakota at $4.50 AUM...

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