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  5. 873 N.W.2d 51 (2015)
 

HIGH PLAINS RES. v. BOARD OF COM'RS

No. 27293.

873 N.W.2d 51 (2015)

2015 S.D. 94

HIGH PLAINS RESOURCES, LLC, Applicant and Appellee, v. FALL RIVER COUNTY BOARD OF COMMISSIONERS, and Sue Ganje, in her Capacity as Fall River County Auditor Only, Respondents and Appellants.

Supreme Court of South Dakota.

Decided December 9, 2015.

Attorney(s) appearing for the Case

Brad P. Gordon , Kenneth E. Barker , Timothy J. Vander Heide of Barker Wilson Law Firm, LLP Belle Fourche, South Dakota, Attorneys for applicant and appellee.

James G. Sword , Fall River County , State's Attorney, Hot Springs, South Dakota, Attorneys for respondents and appellants.

[¶ 1.] High Plains sought a writ of prohibition. It alleged that the Fall River County Board of Commissioners (Board), acted outside its authority by rescinding Resolution 2014-09, which approved High Plains' proposed petroleum contaminated soil farm. Further, it alleged that a referral of a similar, subsequently enacted...

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