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MARVIN M. SCHWAN CHARITABLE FOUNDATION

Nos. 27524, 27538.

880 N.W.2d 88 (2016)

2016 S.D. 45

In the Matter of the MARVIN M. SCHWAN CHARITABLE FOUNDATION. Mark Schwan and Paul Schwan, as members of the Trustee Succession Committee of the Marvin M. Schwan Charitable Foundation, Petitioners and Appellants, v. Lawrence Burgdorf, Keith Boheim, Kent Raabe, Gary Stimac, and Lyle Fahning, as Trustees of the Marvin M. Schwan Charitable Foundation, Respondents and Appellees.

Supreme Court of South Dakota.

Decided May 18, 2016.

Attorney(s) appearing for the Case

Blake Shepard, Jr. , Allen I. Saeks of Stinson Leonard Street, LLP, Minneapolis, Minnesota, Thomas J. Welk , Jason R. Sutton of Boyce Law Firm, LLP, Attorneys for petitioners and appellants.

Reece Almond , Vince M. Roche of Davenport, Evans, Hurwitz & Smith, LLP, Sioux Falls, South Dakota, Attorneys for respondents and appellees.

Ronald A. Parsons, Jr. , Pamela R. Bollweg of Johnson, Janklow, Abdallah, Bollweg & Parsons, LLP, Sioux Falls, South Dakota, Attorneys for beneficiaries and appellees, Bethany Lutheran College, Wisconsin Lutheran College, Evangelical Lutheran Synod, and WELS Kingdom Workers.

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

Kennith L. Gosch of Bantz, Gosch & Cremer, LLC, Aberdeen, South Dakota, Attorneys for appellee, Wisconsin Evangelical Lutheran Synod.

[¶ 1.] Two members of a seven-member trust succession committee petitioned the circuit court for court supervision of the trust under SDCL 21-22-9. The trustees, beneficiaries, and attorney general requested that the court dismiss the petition. After a hearing, the circuit court dismissed the petition because it concluded that...

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