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APLAND v. BUTTE COUNTY

Nos. 23874, 23875.

716 N.W.2d 787 (2006)

2006 SD 53

John APLAND, George Bean, Martin Bonato, Tom Cooper, Kim Cooper, Robert Crofford, Lorita Crofford, Tom Davis, Marlene Davis, Robert Ferrell, Janet Farrell, Harvey Garr, Valerie Garr, Paul Garr, Daniel Kane, Rosalie Fishel, Doug Johnson, False Bottom Livestock, Grace G. Kirksey, Eileen Randall, Kim Kling, Chris Kling, Terry Kudlock, Tim Kudlock Sharon Kudlock, K. Kudlock Family Trust, Herbert Lesmeister, Michael Lesmeister, Wayne Massie, Margaret Massie, Neal McCoy, Kevin Paradis, Jeral Shear, Dianne Shear, Robert Shear, Scott Stave, Susan Stave, Gary Steele, Kathy Steele, Travis Steele, Debra Steele, Wesley Thompson, And Cathaleen Wood, Appellants, v. BUTTE COUNTY, South Dakota, Appellees.

Supreme Court of South Dakota.

Decided June 14, 2006.

Attorney(s) appearing for the Case

Kenneth E. Barker of Barker Reynolds Law Firm Belle Fourche, South Dakota, for appellants.

Robert L. Morris of Day Morris Law Firm, LLP, Belle Fourche, South Dakota, for appellees.

SABERS, Justice.

[¶ 1.] Apland and the other appellants (Apland) are appealing the circuit court's decision that affirmed the Butte County Director of Equalization's (Director) 2002 and 2003 assessments of rangeland property. Apland asserts that Director's methodology in applying SDCL 10-6-33.6 was clearly erroneous, and we agree. Director did not give appropriate consideration to appurtenant and nontransferable water rights.

FACTS

[¶ 2...

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