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CATRON LAND CO. v. KANE

No. 13248.

304 N.W.2d 123 (1981)

CATRON LAND COMPANY, Plaintiff and Appellee, v. George KANE, Commissioner of School and Public Lands of the State of South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided April 8, 1981.

Attorney(s) appearing for the Case

Donn Bennett of Mueller & Bennett, Belle Fourche, for plaintiff and appellee.

Judith A. Atkinson, Asst. Atty. Gen., Pierre, for defendant and appellant; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

HENDERSON, Justice.

This is a declaratory judgment action. The South Dakota Commissioner of School and Public Lands (appellant) appeals from the trial court's judgment of September 24, 1980, which declared that Catron Land Company (appellee) has the right to require appellant to erect and maintain fences between public school lands and an owner of land as per SDCL ch. 43-23.* Appellee was the owner of land in Harding County which

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