SDDS, INC. v. STATE

No. 17545.

481 N.W.2d 270 (1992)

SDDS, INC., a South Dakota corporation, Plaintiff and Appellant, v. STATE of South Dakota, and Mark Barnett, Attorney General for the State of South Dakota, Defendants and Appellees.

Supreme Court of South Dakota.

Reassigned December 30, 1991.

Decided February 19, 1992.


Attorney(s) appearing for the Case

Marvin D. Truhe and Dale R. Cockrell of Marvin D. Truhe Law Offices, Rapid City, for plaintiff and appellant.

Mark Barnett, Atty. Gen., Pierre, for defendants and appellees; John E. Haak, Asst. Atty. Gen., Pierre, on the brief.


MILLER, Chief Justice (on reassignment).

In this appeal, we affirm the trial court and hold that a certain enactment of the legislature may only become effective through the specified constitutional and statutory processes and thus the solid waste facility affected thereby may not become operational until after the results of the 1992 general election.

FACTS

South Dakota Disposal Systems (SDDS) is a South Dakota corporation organized for the purpose...

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