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BRYANT v. BUTTE COUNTY

No. 16802.

457 N.W.2d 467 (1990)

Greg BRYANT, Floyd Wennberg, and Belle Fourche Irrigation District, Plaintiffs and Appellants, v. BUTTE COUNTY, A Political Subdivision of South Dakota, and Butte County Commissioners: Maude Kendrick, Kenneth Kudlock, Francis Walton, Glen Wahlfeldt, in their Representative Capacities, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 6, 1990.

Attorney(s) appearing for the Case

Kenneth E. Barker of Quinn, Day & Barker, Belle Fourche, for plaintiffs and appellants.

Allen G. Nelson and Mark F. Marshall of Bangs, Mc Cullen, Butler, Foye & Simmons, Rapid City, for defendants and appellees.

MORGAN, Justice.

Belle Fourche Irrigation District (District) appeals a judgment denying issuance of a writ of mandamus against Butte County, a political subdivision of South Dakota, and Butte County Commissioners: Maude Kendrick, Kenneth Kudlock, Francis Walton and Glen Wahlfeldt, in their representative capacity (collectively referred to as County). We affirm in part and reverse and remand in part.

This litigation centers on who should maintain and repair...

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