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MEIERHENRY v. CITY OF HURON

No. 14323.

354 N.W.2d 171 (1984)

Mark V. MEIERHENRY, Attorney General for the State of South Dakota, Richard R. Robinson, a resident and taxpayer of the City of Rapid City, South Dakota, and, Earl D. Nordby, a resident and taxpayer of the City of Huron, South Dakota, Plaintiffs, v. CITY OF HURON, a political subdivision of the State of South Dakota, and City of Rapid City, a political subdivision of the State of South Dakota, Defendants.

Supreme Court of South Dakota.

Decided June 20, 1984.

Attorney(s) appearing for the Case

Douglas E. Kludt, Mark A. Moreno, Asst. Attys. Gen., Pierre, for plaintiffs; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Glenn A. Severson, Huron, for defendant City of Huron.

Ray E. Woodsend, Rapid City, for defendant City of Rapid City.

WOLLMAN, Justice.

This is an original proceeding in which the Attorney General, joined by a resident and taxpayer of the city of Huron, and a resident and taxpayer of the city of Rapid City, seeks a declaratory judgment declaring SDCL ch. 11-9 (hereinafter referred to as "the Act") unconstitutional and a writ of prohibition restraining the cities of Huron and Rapid City from proceeding with the establishment of tax incremental districts and the issuance of bonds pursuant...

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