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STATE EX REL. JACKLEY v. CITY OF COLMAN

No. 25588.

790 N.W.2d 491 (2010)

2010 S.D. 81

STATE of South Dakota, ex rel, Marty J. JACKLEY and Associated School Boards of South Dakota, Inc., Plaintiffs and Appellees, v. CITY OF COLMAN, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 27, 2010.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Jeffrey P. Hallem , Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee, State of South Dakota.

William H. Engberg , Pierre, South Dakota, Richard P. Tieszen , Naomi R. Cromwell of Tieszen Law Office, Pierre, South Dakota, Attorneys for appellee, Associated School Boards.

Paul M. Lewis , William J. Ellingson , Flandreau, South Dakota, Attorneys for defendant and appellant.

MEIERHENRY, Justice.

[¶ 1.] The question in this case is whether a city can enforce its speed limit ordinance, instead of state law, on a state trunk highway and thereby direct the fine to city coffers rather than local school districts. This question was brought to the South Dakota Attorney General's attention after the City of Colman, South Dakota, ticketed speeders on State Highway 34 with a city ordinance violation...

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