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AGAR SCHOOL DIST. NO. 58-1 v. McGEE

Nos. 18758, 18761, 18767 and 18769.

527 N.W.2d 282 (1995)

AGAR SCHOOL DISTRICT # 58-1 BOARD OF EDUCATION, AGAR, SOUTH DAKOTA; John Bush, Joan Bush, Jeff Bush, Jerry Bush, Carol Bush, and Tom Asmussen of Pierre, South Dakota; Stanley Asmussen, W.J. Asmussen, Ted Asmussen, Vernon Brandt, Mike Mikkelsen and Lewis Robbennolt of Agar, South Dakota; and Marion Schreiber of Gettysburg, South Dakota, Petitioners and Appellants, v. Sully County Auditor Patty McGEE, Sully County Treasurer Edna M. Brunmeier, Pierre School District, Gettysburg School District, and Sully Buttes School District, Appellees.

Supreme Court of South Dakota.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Mark A. Moreno and Cheryl Schrempp Dupris of Schmidt, Schroyer, Colwill & Moreno, Pierre, for petitioners and appellants.

Darla Pollman Rogers of Sully County State's Atty., Onida, for appellees McGee and Brunmeier.

Craig E. Smith of Neumayr and Smith, Gettysburg, for appellee Gettysburg School Dist.

Robert D. Hofer of Riter, Mayer, Hofer, Wattier & Brown, Pierre, for appellee Pierre School Dist.

Dennis H. Hill and Thomas W. Stanton of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for appellee Sully Buttes School Dist.

MILLER, Chief Justice.

Appellants Agar School District No. 58-1, Agar School District Board of Education, and certain taxpayers of Agar, South Dakota (collectively referred to as Agar) appeal the decision of the trial court granting dismissal to appellees Sully County Auditor, Sully County Treasurer, and the Pierre, Gettysburg, and Sully Buttes School Districts. Agar disputes the trial court's conclusion that the Agar School District and its board of education lacked...

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