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WYATT v. KUNDERT

Nos. 15087, 15090 and 15095.

375 N.W.2d 186 (1985)

Harold WYATT, Chem Nuclear Systems, Inc., Plaintiffs and Appellants, v. Alice KUNDERT, Secretary of State for the State of South Dakota; State of South Dakota, By and Through its Attorney General, the Honorable Mark V. Meierhenry, Defendants and Appellees, and Nuclear Waste Coalition, Inc., Intervenor and Appellee.

Supreme Court of South Dakota.

Decided October 2, 1985.

Attorney(s) appearing for the Case

Gene N. Lebrun of Lynn, Jackson, Shultz & Lebrun, P.C., Rapid City, and William J. Quirk, Columbia, S.C., for plaintiffs and appellants; Michael A. Mann, Columbia, S.C., on brief.

Thomas Harmon, Asst. Atty. Gen., Pierre, for defendants and appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Laurence J. Zastrow of Gors, Braun, Carlon, Smith & Zastrow, Pierre, for intervenor and appellee.

HENDERSON, Justice.

ACTION

This is an expedited appeal addressing (1) the constitutionality of Chapter 240, South Dakota Sessions Laws 1984 (Chapter 240), by way of a declaratory judgment complaint and (2) the prohibition of a statewide special election via an application for Peremptory Writ of Prohibition, the latter regarding this state's entry into the Dakota Interstate Low-level Radioactive Waste Management...

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