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PERDUE, INC. v. ROUNDS

No. 25409.

782 N.W.2d 375 (2010)

2010 SD 38

PERDUE, INC., a South Dakota Corporation; RP South Dakota Real Estate Limited Partnership, a South Dakota Corporation; Donald Perdue; and Richard Perdue, Plaintiffs and Appellants, v. M. Michael ROUNDS, Governor of the State of South Dakota; Tim Reisch, Secretary of the South Dakota Department of Corrections; Don A. Templeton, Executive Secretary of the South Dakota Building Authority; and Ames & Lampy, LLC, a South Dakota Limited Liability Company, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 5, 2010.

Attorney(s) appearing for the Case

Gary D. Jensen of Beardsley, Jensen, and Von Wald, Prof. LLC, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Marty J. Jackley, Attorney General, Patricia J. Archer, Assistant Attorney General, Roxanne Giedd, Deputy Attorney General, Pierre, South Dakota, Attorneys for defendants and appellees.

KONENKAMP, Justice.

[¶ 1.] House Bill 1271 authorized the South Dakota Department of Corrections (DOC) to acquire land and buildings for a combined minimum security and parole facility in Rapid City. Section 8 of the bill stated that "prior to purchasing any property with the proceeds of the revenue bonds described in section 1," the DOC "shall conduct public meetings to solicit input from and share information with...

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