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KANALY v. STATE BY AND THROUGH JANKLOW

No. 15249.

403 N.W.2d 33 (1987)

Douglas J. KANALY, Patrick S. Konechne, Dennis Lihs, Robert McBride, Donald Van Cleave and Joseph W. Wolf, Plaintiffs and Appellees, v. STATE of South Dakota, By and Through its Governor, William J. JANKLOW, and its Attorney General, Mark Meierhenry, the South Dakota Board of Regents, the Board of Charities and Corrections and John J. Gerken, Commissioner of School and Public Lands, Defendants and Appellees, and Ethel Hagen, Executrix of the Estate of Oscar William Hagen, Intervenor and Appellant, and Robert R. Weber and Raymond Martinmaas, Intervenors.

Supreme Court of South Dakota.

Decided March 25, 1987.

Rehearing Denied April 30, 1987.

Attorney(s) appearing for the Case

John W. Bastian, Asst. Atty. Gen., Pierre, Grant Gormley, Chief Deputy Atty. Gen., Pierre, for defendants and appellees; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Charles Lacey, Sioux Falls, for intervenor and appellant.

PER CURIAM.

This is an appeal from an order dismissing intervenor Ethel Hagen's second amended complaint. We affirm.

The complaint in intervention, as amended, seeks to revisit the constitutionality and propriety of Chapter 138 of the 1984 South Dakota Session Laws (S.B. 221). Senate Bill 221 converted the campus of the University of South Dakota, Springfield, from an educational institution into a minimum security prison and transferred control of the Springfield...

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