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FIRST NATIONAL BANK v. SOUTH DAKOTA STATE BANKING COMMISSION

No. 24911.

769 N.W.2d 847 (2009)

2009 SD 58

FIRST NATIONAL BANK OF FT. PIERRE, Intervenor and Appellant, v. SOUTH DAKOTA STATE BANKING COMMISSION, DEPARTMENT OF COMMERCE AND REGULATION, DIVISION OF BANKING, and Dakota Prairie Bank, Appellees.

Supreme Court of South Dakota.

Decided July 15, 2009.

Attorney(s) appearing for the Case

Brad A. Sinclair, Serkland Law Firm, Fargo, North Dakota, Frank Farrar, Britton, South Dakota, Attorneys for intervenor and appellant.

Gerald P. Laughlin, John S. Zeilinger, Baird Holm LLP, Omaha, Nebraska, Thomas E. Lee of Schmidt, Schroyer, Moreno, Lee & Bachand, PC, Pierre, South Dakota, Attorneys for appellee Dakota Prairie Bank.

TUCKER, Circuit Judge.

[¶ 1.] The South Dakota State Banking Commission, Department of Revenue and Regulation, Division of Banking (Commission) approved an application by Dakota Prairie Bank (Dakota Prairie) to relocate its main office to Ft. Pierre, South Dakota. The circuit court affirmed the Commission's decision. First National Bank of Ft. Pierre (First National) appeals. We affirm.

FACTS AND PROCEDURE

[¶ 2.] Dakota Prairie is a South...

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