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McLAUGHLIN SCHOOL DIST. 15-2 v. KOSTERS

Nos. 16360, 16366.

441 N.W.2d 682 (1989)

McLAUGHLIN SCHOOL DISTRICT 15-2 BY its BOARD OF EDUCATION, Plaintiff and Appellant, v. Henry G. KOSTERS, Ed.D. State Superintendent of Education (Superintendent of Elementary and Secondary Education) of the State of South Dakota; Steve and Holly Keller; Jill Keller; Ted and Dianne Keller; and Gary and Debbie Voller, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 31, 1989.

Attorney(s) appearing for the Case

Ronald R. Johnson of Johnson & Kelley, Lemmon, for plaintiff and appellant.

Thomas Harmon Deputy Atty. Gen., Pierre, for appellee, Henry R. Kosters, Ed.D., State Superintendent of Educ.; Roger A. Tellinghuisen, Atty. Gen., Pierre, on the brief.

Andrew Aberle of Aberle & Aberle, Timber Lake, for defendants and appellees Kellers and Vollers.

SABERS, Justice.

The McLaughlin School District (School District) appeals a trial court judgment upholding a decision of the State Superintendent of Education (Superintendent) reversing School District's denial of a petition for a minor boundary change.

Facts

All the petitioners resided in School District.1 On April 13, 1987, School District granted Gary and Debbie Voller's petition for assignment of their child...

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