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WHARF RESOURCES (USA) INC. v. FARRIER

Nos. 19050, 19054.

552 N.W.2d 610 (1996)

1996 SD 110

WHARF RESOURCES (USA) INC., and Wharf Resources, a Montana General Partnership, Plaintiffs and Appellants, v. Marie FARRIER, County Treasurer of Lawrence County, South Dakota, Defendant, and Lead-Deadwood School District #40-1, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided August 28, 1996.

Attorney(s) appearing for the Case

Marvin D. Truhe and Linden R. Evans, Marvin D. Truhe Law Offices, Rapid City, for plaintiffs and appellants.

Thomas E. Carr and Richard A. Pluimer of Carr & Pluimer, P.C., Belle Fourche, for intervenor and appellant.

John H. Fitzgerald, Lawrence County State's Atty., Deadwood, for defendant.

VON WALD, Circuit Judge.

[¶ 1] This appeal consolidates two cases dealing with alleged errors in the assessment of and the taxes levied against properties owned by Wharf Resources (Wharf) from 1989 to 1992. For each year in question, Wharf paid the taxes levied by Lawrence County and challenged that levy. The Lead-Deadwood School District (school district), as beneficiary of the majority of those tax dollars, intervened in the original actions and now appeals...

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