HEIKES v. CLAY COUNTY

No. 18575.

526 N.W.2d 253 (1995)

Cora Joanne HEIKES, Plaintiff and Appellant, v. CLAY COUNTY, SD Commission; Clay County, SD; Glynis Erickson and Ann Schoellerman, Defendants and Appellees, and James A. Johnson and Harold L. McDonald, Defendants.

Supreme Court of South Dakota.

Decided January 11, 1995.


Attorney(s) appearing for the Case

James E. McCulloch of Minick and McCulloch, Vermillion, for plaintiff and appellant.

Craig K. Thompson, Clay County State's Atty., and Tami A. Maroney, Clay County Deputy State's Atty., Vermillion, for defendants and appellees, Clay County.

John A. Gors of DeVany Law Office, Vermillion, for defendants and appellees, Erickson and Schoellerman.


WUEST, Justice.

Cora Joanne Heikes (Heikes) appeals dismissal of her action to recover real property sold at public auction after she failed to pay the property taxes owed. Specifically, Heikes claims SDCL 10-27-3 through 10-27-7 are unconstitutional in violation of South Dakota Constitution, Art. VI, § 20, known as the "open courts" provision. We affirm.

FACTS

Heikes failed to pay the property taxes from 1983-1989 on two parcels of real...

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