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OLSON v. GUINDON

No. 24989.

771 N.W.2d 318 (2009)

2009 SD 63

Brad OLSON, Duane Alm, Michael Miller, Linda Burdette, Russell Gall, Merritt Stegmeier, Tommy Svatos, Terry Svatos, Debbra J. Houseman, John Brooks, Madeline Fast Horse, Karen Slunecka, Dawn Redden, Terry Aesoph, Heather Bode, and Grady Heitmann, Plaintiffs and Appellants, v. Marty GUINDON, Auditor General, Department of Legislative Audit of the State of South Dakota, M. Michael Rounds, Governor, State of South Dakota, Lawrence Long, Attorney General, State of South Dakota, and the State of South Dakota, Defendants and Appellees, v. South Dakota Coalition of Schools, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided July 22, 2009.

Attorney(s) appearing for the Case

Rory King of Bantz, Gosch & Cremer, LLC, Aberdeen, South Dakota, Attorneys for plaintiffs and appellants.

Ronald A. Parsons, Jr. of Johnson, Heidepriem, Abdallah & Johnson, LLP, Sioux Falls, South Dakota, Attorneys for intervenor and appellant.

Lawrence E. Long, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, South Dakota, Attorneys for defendants and appellees.

MEIERHENRY, Justice.

[¶ 1.] The issue in this appeal is whether school districts have standing to seek a declaratory judgment against Auditor General Marty Guindon, Governor M. Michael Rounds, and Attorney General Lawrence Long (state officials) on the question of the constitutionality of K-12 public school funding in South Dakota. The circuit court determined that school districts did not have standing and granted summary judgment in favor of Guindon, Rounds...

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