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WAHL v. MOSES

No. 14276.

339 N.W.2d 792 (1983)

Calvin WAHL, Robert Pflaumer, Manuel Kindsfater, William Smeenk, and Frank Walton as Members of the Board of County Commissioners of Butte County, South Dakota, Applicants, v. The Honorable Scott C. MOSES, Presiding Judge, Eighth Judicial Circuit, Respondent.

Supreme Court of South Dakota.

Decided November 2, 1983.

Attorney(s) appearing for the Case

Joseph M. Butler of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for applicants.

Mark Smith, Asst. Atty. Gen., Pierre, for respondent; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

WOLLMAN, Justice.

This original action is before us pursuant to a writ of certiorari issued by us on July 22, 1983. Applicants, members of the Board of County Commissioners of Butte County (Commissioners), ask that an order of June 24, 1983, issued by respondent, the Honorable Scott C. Moses, Presiding Judge, Eighth Judicial Circuit, be set aside. We grant the relief requested.

On the basis of a report from the Board of Charities and Corrections, then Presiding...

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