KRAFT v. MEADE COUNTY EX REL. BD.

No. 24063.

726 N.W.2d 237 (2006)

2006 SD 113

Jerry R. KRAFT, d/b/a Kraft Hardware; Robert S. Trupe, Morey W. Trupe, and Marty L. Trupe, as the members of Brothers III, LLC, a South Dakota Limited Liability Company; Mid-State Camper Sales, Inc., a South Dakota Corporation; T-M Concrete Construction, Inc., a South Dakota Corporation; Robert C. Van Houten; Steven A. Van Houten; Rapid Construction, a Partnership; Stacey G. Roselles; RHS, Inc., a South Dakota Corporation; Erdean A. Olsen And Verna J. Olsen, husband and wife; Jerome E. Torkelson and Patricia A. Torkelson, husband and wife; David R. Booze and Patty L. Booze, husband and wife; and, with each and Every such party acting individually and on behalf of all persons respectively similarly situated, Plaintiffs and Appellants, and Phyllis A. Colbert, Plaintiff, v. MEADE COUNTY, acting through its BOARD OF COUNTY COMMISSIONERS; Summerset, an unorganized municipality; Defendants and Appellees, and American West Communities, Inc., a South Dakota Corporation; Summerset Owners Association, Inc., a South Dakota Corporation; and Ronald A. Baker, individually, and as an officer, director, and/or shareholder of American West Communities, Inc., and Summerset Owners Association, Inc., Defendants.

Supreme Court of South Dakota.

Decided December 27, 2006.


Attorney(s) appearing for the Case

Ronald G. Schmidt of Schmidt, Schroyer, Moreno, Lee & Bachand Rapid City, South Dakota, Attorneys for appellants.

Jesse Sondreal, Meade County State's Attorney, Timothy R. Johns, Meade County Deputy State's Attorney, Sturgis, South Dakota, Attorneys for appellees.


MEIERHENRY, Justice.

[¶ 1.] This case involves a constitutional challenge to the proposed incorporation of the municipality of Summerset. The plaintiffs in this action include individuals and corporate entities that own or otherwise claim an interest in property within the proposed municipal boundary [referred to collectively as "Kraft"]. The defendants involved in this appeal are Meade County and the unorganized municipality...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases