MOULTON v. STATE

Nos. 15373, 15374, 15379, 15382 and 15384.

412 N.W.2d 487 (1987)

Calvin L. MOULTON, Herma Marsden, Franklyn Craft, R.C. Stensen, Harold Ramse, Kenneth Harrod, Mary Kuppinger Jordon, and Adelaide M. Ward, on behalf of themselves and all of the Cabin Owners within Custer State Park, Custer County, South Dakota, similarly situated, Plaintiffs, Appellants (# 15373, 15374), and Appellees (# 15382, 15384), v. STATE of South Dakota, the South Dakota Department of Game, Fish and Parks; the South Dakota Game, Fish and Parks Commission; and John Cimpl, Robert Ingle, Walter Black, Owen Wipf, Harvey Thayer, Robert Reder, Marlon Thielsen and David Brost, individually, and in their capacity as members of the South Dakota Game, Fish and Parks Commission, Defendants and Appellees (# 15373), The South Dakota Game, Fish and Parks Commission, Appellee (# 15374, 15379), State of South Dakota, and the Department of Game, Fish and Parks of the State of South Dakota, Appellants (# 15382).

Supreme Court of South Dakota.

Decided September 9, 1987.


Attorney(s) appearing for the Case

Stephen L. Wilson, Roseville, Minn., for plaintiffs, appellants, and appellees Cabin Owners; Jane M. Farrell and Patrick M. Ginsbach of Farrell, Farrell & Ginsbach, Hot Springs, on brief.

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for defendants, appellees, and appellants State of S.D., Dept. of Game, Fish and Parks, and Game, Fish and Parks Com'n; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.


HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

This is a voluminous compilation of appeals and notices of review originally emanating from South Dakota Game, Fish and Parks Commission's (Defendants) decision to not renew cabin site lease permits held by cabin owners (Plaintiffs) in Custer State Park. There are approximately 4,000 pages of record, exhibits and testimony, plus over 300 pages of briefs and accompanying appendices. Following our remand in

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