BENSON v. STATE

No. 23492.

710 N.W.2d 131 (2006)

2006 SD 8

Robert BENSON, Judith Benson, Jeff Messmer, and Tricia Messmer, Plaintiffs and Appellees, v. STATE of South Dakota, M. Michael Rounds, in his official capacity as Governor of the State of South Dakota; Larry Long, in his official capacity as Attorney General of the State of South Dakota; South Dakota Department of Game, Fish & Parks; and John Cooper, in his official capacity as Secretary of the South Dakota Department of Game, Fish & Parks, Defendants and Appellants.

Supreme Court of South Dakota.

Decided January 24, 2006.


Attorney(s) appearing for the Case

Christopher D. Dohrer of Richardson, Wyly, Wise, Sauck & Hieb. LLP, Aberdeen, South Dakota, J. Scott Detamore, Joseph F. Becker, William Perry Pendley, Mountain States Legal Foundation, Lakewood, Colorado, Attorneys for plaintiffs and appellees.

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Robert E. Mayer, Deputy Attorneys General, Pierre, South Dakota, Attorneys for defendants and appellants.


[¶ 1.] MEIERHENRY, Justice and GILBERTSON, Chief Justice.

[¶ 2.] Justice JUDITH K. MEIERHENRY delivers the opinion of the Court on Issue 1, which holds that the circuit court had jurisdiction to consider this action.

[¶ 3.] Justice JUDITH K. MEIERHENRY delivers the opinion of the Court on Issue 2, which holds that Landowners have standing to challenge the statute at issue.

[¶ 4.] Chief Justice DAVID...

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