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KABERNA v. SCHOOL BD. OF LEAD-DEADWOOD

Nos. 16362, 16346.

438 N.W.2d 542 (1989)

Gary G. KABERNA, Janice Kaberna, Cameron Zopp, Donna Zopp, William Urban, Patti Urban, Joseph Ford, Margie Ford, Gregory Brownlow, Carleen Brownlow and Concerned Residents of Nemo Common School District 55, Appellees, v. THE SCHOOL BOARD OF LEA DEADWOOD SCHOOL DISTRICT 40-1, Appellant.

Supreme Court of South Dakota.

Decided April 5, 1989.

Rehearing Denied May 8, 1989.

Attorney(s) appearing for the Case

Wayne F. Gilbert and John J. Delaney, Rapid City, for appellees.

Thomas E. Carr, Belle Fourche, for appellant.

PER CURIAM.

ACTION

In this appeal we affirm a trial court's reversal of a school board's decision to close a school without first holding an election on the issue. We apply the Doctrine of the Last Antecedent in construing the revelant statute.

FACTS

The Nemo Elementary Attendance Center is a school which was operated by a former common school district for several years, including the 1968-69 school year.* On...

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