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BIENERT v. YANKTON SCHOOL DIST., 63-3

18277.

507 N.W.2d 88 (1993)

Jerry BIENERT, Albert Dutcher, James Bauer, Elgin Lemon, Harlan Nelson, Henry Kaiser, James Stark, Willard Hohenthaner, Robert Fejfar, Dawn Remington, Roland Peterson, Plaintiffs and Appellants, v. YANKTON SCHOOL DISTRICT, 63-3 in and of Yankton County, South Dakota, by and through its Board of Education, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 27, 1993.

Attorney(s) appearing for the Case

C.E. Light, Yankton, for plaintiffs and appellants.

Richard D. Hagerty, Yankton, for defendant and appellee.

Mark Barnett, Atty. Gen., Sherri Sundem Wald, Asst. Atty. Gen., Pierre, for amicus curiae State of SD.

Celia Miner, Steven M. Johnson of Johnson, Heidepriem, Miner & Marlow, Yankton, for amicus curiae Yankton's Excellent Schools.

HENDERSON, Justice.

PROCEDURAL HISTORY/ISSUES

Following the December 15, 1992 Special School District Bond Election for Yankton School District 63-3 (hereinafter School District), a group of local taxpayers (hereinafter Bienert) sought an injunction declaring "Question No. 1," concerning the construction of a new high school, to be void and preventing the School District from issuing the related bonds. In its January 27, 1993 Memorandum Opinion and...

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