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HOFER v. BD. OF CTY. COM'RS OF McCOOK CTY.

No. 13762.

334 N.W.2d 507 (1983)

Roger HOFER, Plaintiff and Appellant, v. The BOARD OF COUNTY COMMISSIONERS OF McCOOK COUNTY, State of South Dakota, and Walter Stevens, Chairman, Ralph Hetland, Orville Hofer, Terry Krantz, and William Nafziger, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 1, 1983.

Attorney(s) appearing for the Case

Dale L. Strasser of Blue & Strasser, Freeman, for plaintiff and appellant.

Douglas R. Bleeker of Shandorf, Bleeker, Boldt & Koch, Mitchell, for defendants and appellees; Roger R. Gerlach, McCook County State's Atty., Salem, on brief.

MORGAN, Justice.

This appeal arises from a referendum calling for a vote on a resolution adopted by appellees, McCook County Commissioners (Commissioners). Commissioners voted the resolution was not referable and appellant Roger Hofer (Hofer) brought this action in circuit court. Circuit court affirmed the Commissioners' actions and Hofer appeals. We reverse and remand.

On June 2, 1981, Commissioners adopted the following resolution:

BE IT RESOLVED...

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