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ELECTION CONTEST AS TO NEW EFFINGTON

No. 17129.

462 N.W.2d 185 (1990)

In the Matter of the ELECTION CONTEST AS TO REORGANIZATION OF the NEW EFFINGTON INDEPENDENT SCHOOL DISTRICT NO. 54-3 and the Sisseton Independent School District No. 54-5. Jill PANKHURST and Darlene M. Miller, Plaintiffs and Appellants, v. NEW EFFINGTON INDEPENDENT SCHOOL DISTRICT NO. 54-3; Members of the New Effington Independent School District No. 54-3 School Board: Neal Bartnick, Chairman; Gary Ostby, Curt Hillestad, Randy Bredvik, Teresa Henderson: the Superintendent of the New Effington Independent School District No. 54-3, Harvey DeJong; and the Business Manager of the New Effington Independent School District No. 54-3, Rita Bisek; Sisseton Independent School District No. 54-5; Members of the Sisseton Independent School District No. 54-5 School Board: Steve Pallesan, Chairman; Leroy Hellwig; David Selvage; Daryl Russell; Edward Evenson; Lynneta Fisher: Royce Grimsrud; Robert Horton; Glenn Hull; the Superintendent of the Sisseton Independent School District No. 54-5, Verlin Hosmer: the Business Manager of the Sisseton Independent School District No. 54-5, Cheryl Karst; Roberts County Auditor, Janet Griepp; the State Superintendent of Elementary and Secondary Education, Henry Kosters; and the Attorney General of the State of South Dakota, Roger Tellinghuisen, Defendants and Appellees, Allen Schram, Michael Sebek, Lloyd Schrader, Sherman Fellbaum, and Gerald E. Ceroll, Intervenors, Defendants and Appellees.

Supreme Court of South Dakota.

Decided October 17, 1990.

Attorney(s) appearing for the Case

Michael T. Hogan of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for plaintiffs and appellants.

Rodney Freeman, Jr. of Churchill, Manolis, Freeman, Kludt & Kaufman, Huron, for appellee New Effington Independent School Dist. No. 54-3.

Monte R. Walz of Davenport, Evans, Hurwitz & Smith, Sioux Falls, for appellee Sisseton Independent School Dist. No. 54-5.

Kay Nikolas, Sisseton, for defendant and appellee Roberts County Auditor, Janet Griepp.

H.I. King of Tonner, Tobin & King, Aberdeen, for intervenors, defendants and appellees.

Thomas P. Harmon, Deputy Atty. Gen., Pierre, for appellee State Superintendent of Elementary and Secondary Educ. Henry Kosters.

MILLER, Chief Justice.

This is an appeal from an order granting summary judgment in an election contest concerning the consolidation of the New Effington and Sisseton School Districts. We granted review of this case on an expedited basis on May 17, 1990. We affirmed the trial court's judgment by a written order dated July 10, 1990, noting therein that a written opinion would follow.

FACTS

This is an election contest brought by two electors in the...

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