KANALY v. STATE BY AND THROUGH JANKLOW

Nos. 15253, 15255, 15258, 15260, 15264 and 15265.

401 N.W.2d 551 (1987)

Douglas J. KANALY, Patrick S. Konechne, Dennis L. 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, the South Dakota Board of Regents and the Board of Charities and Corrections, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 25, 1987.


Attorney(s) appearing for the Case

Steven M. Johnson of Brady, Kabeiseman, Reade & Johnson, Yankton, for plaintiffs and appellees; Celia Miner of Brady, Kabeiseman, Reade & Johnson, Yankton, on the brief.

Brent A. Wilbur of May, Adam, Gerdes & Thompson, Pierre, Wayne F. Gilbert of Banks & Johnson, P.C., Rapid City, John W. Bastian, Asst. Atty. Gen., Pierre, for defendants and appellants.


FOSHEIM, Retired Justice.

The Board of Regents and Board of Charities and Corrections appeal a circuit court order requiring them to pay $17,919.87 in attorneys' fees, costs, and expenses incurred by plaintiffs. Plaintiffs also request attorneys' fees and costs incurred upon this and a prior related appeal. We reverse.

This is our second exposure to this case. It began as an action to halt the conversion of the University of South Dakota at Springfield (USD...

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