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BRECK v. JANKLOW

No. 21832.

623 N.W.2d 449 (2001)

2001 SD 28

Betty E. BRECK, Plaintiff and Appellant, v. Governor William J. JANKLOW and Members of the South Dakota State Legislature 75th Special Session, Defendants and Appellees, and South Dakota State Cement Plant Commission, d/b/a Dacotah Cement, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided March 6, 2001.

Attorney(s) appearing for the Case

Betty E. Breck, Groton, SD, Pro se.

Roger W. Damgaard of Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Attorneys for defendant and appellee Governor William J. Janklow.

Lawrence E. Long, Chief Deputy Attorney General and Jeffrey P. Hallem, Assistant Attorney General, Pierre, SD, Attorneys for defendants and appellees Members of the SD State Legislature 75th Special Session.

James S. Nelson of Gunderson, Palmer, Goodsell, attorneys for intervenor and appellee South Dakota State and Nelson, Cement Plant Commission, Rapid City, SD, d/b/a Dacotah Cement.

GILBERTSON, Justice.

[¶ 1.] Betty E. Breck appeals a judgment dismissing various claims challenging the sale of the South Dakota State Cement Plant. We affirm.

FACTS

[¶ 2.] Since the early 1920s, the State of South Dakota has owned and operated its own cement plant in the Rapid City, South Dakota area. The State's ownership of a normally private commercial enterprise can be attributed to the lack of an in-state cement producer in the early...

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