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SOUTH DAKOTA ED. ASS'N v. BARNETT

No. 20499.

582 N.W.2d 386 (1998)

1998 SD 84

SOUTH DAKOTA EDUCATION ASSOCIATION/ NEA, By and Through its President, Elaine ROBERTS; and South Dakota Education Association Council On Higher Education, By and Through its President James Zeman; Lona Lewis; Barb Peterson; Jerry Sweeney; Lela Holcomb; Henry Linares; David Boyles; Kathleen Parrow; Julie Smith; Curtis Olson; Diane Kummer; And Robert Stevens, Petitioners, v. Mark BARNETT, Attorney General of South Dakota in his Official Capacity; The South Dakota Board of Regents; and Robert T. Tad Perry, its Executive Director, Respondents.

Supreme Court of South Dakota.

Decided July 29, 1998.

Attorney(s) appearing for the Case

Linda Lea M. Viken of Viken, Viken, Pechota, Leach & Dewell, Rapid City, for petitioners.

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, James F. Shekleton, General Counsel, Pierre, for respondents.

MILLER, Chief Justice.

[¶ 1.] The South Dakota Education Association and its Council on Higher Education (COHE) challenge the constitutionality of the general appropriations bill adopted by the 1998 Legislature. They seek a peremptory writ of prohibition ordering the South Dakota Board of Regents to cease implementing portions of the 1998 appropriations bill concerning salary increases for certain Regents' employees.

FACTS

[¶ 2.] COHE is...

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