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APA v. BUTLER

No. 21942.

638 N.W.2d 57 (2001)

2001 SD 147

Gerald F. APA, Patricia deHueck, H. Paul Dennert, Quinten L. Burg, Burt B. Elliott, Larry Frost, James (Jim) E. Hundstad, Barry Jensen, Ted A. Klaudt, Bill Napoli, Mel K. Olson, Jarvis W. Brown and Duane Sutton, Petitioners, v. Dick BUTLER, Treasurer; Vernon Larson, Auditor; and Gary Viken, Secretary of Revenue of the State of South Dakota, Respondents.

Supreme Court of South Dakota.

Decided December 19, 2001.

Attorney(s) appearing for the Case

Jack Theeler and John F. Cogley of Morgan, Theeler and Cogley, Mitchell, South Dakota, Attorneys for Petitioners.

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, South Dakota, Attorneys for Respondents.

KONENKAMP, Justice.

[¶ 1.] Petitioners, a group of South Dakota state legislators who served during the 2001 legislative session, request a peremptory writ of prohibition against the State Treasurer, the State Auditor, and the Secretary of Revenue. Petitioners seek to bar these officials from paying out, disbursing, or allocating funds from the South Dakota Bred Racing Fund and the Special Racing Revolving Fund under certain appropriations in the 2001 general...

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