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REIS v. MILLER

No. 19297.

550 N.W.2d 78 (1996)

1996 SD 75

Brad REIS, David Hanson, Ted Nelson, Jr., and Leonard Kjerstad, Plaintiffs and Appellants, v. Walter D. MILLER, Governor of the State of South Dakota; Mark W. Barnett, Attorney General of the State of South Dakota; and Richard J. Beringson, Secretary of the South Dakota Department of Game, Fish and Parks; all in their official capacities, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 19, 1996.

Attorney(s) appearing for the Case

Bruce A. Hubbard, Hansen and Hubbard, Sturgis, for plaintiffs and appellants.

Mark W. Bennett, Atty. Gen., Craig M. Eichstadt, Deputy Atty. Gen., Pierre, for defendants-appellees.

SABERS, Justice.

[¶ 1] Reis, Hanson, Nelson and Kjerstad (Plaintiffs) appeal a denial of their declaratory judgment action against state officials (Defendants) in their official capacities. Plaintiffs claim the original easement creating section line rights-of-way did not give the legislature the power to allow hunting, fishing or trapping on the section line rights-of-way and that SDCL 41-9-1.1 is a violation of equal protection. We affirm.

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