STATE THROUGH ATTY. GEN. v. BUFFALO CHIP

#28916.

951 N.W.2d 387 (2020)

2020 S.D. 63

STATE of South Dakota, acting THROUGH the ATTORNEY GENERAL, Petitioner and Appellee, v. BUFFALO CHIP, South Dakota, Respondent and Appellant.

Supreme Court of South Dakota.

Opinion Filed November 10, 2020.


Attorney(s) appearing for the Case

JAMES E. MOORE of Woods Fuller Shultz & Smith, P.C., Sioux Falls, South Dakota, Attorneys for petitioner and appellee.

JACK H. HIEB , ZACHARY W. PETERSON of Richardson, Wyly, Wise Sauck & Hieb, LLP, Aberdeen, South Dakota, JOHN STANTON DORSEY , KIMBERLY PEHRSON , KENT R. HAGG of Whiting, Hagg, Hagg, Dorsey & Hagg, LLP, Rapid City, South Dakota, Attorneys for respondent and appellant.

[¶1.] Justice Kern delivers the majority opinion of the Court as to Issue I. Justice DeVaney delivers the majority opinion of the Court as to Issue II.


[¶3.] Buffalo Chip appeals an order of the circuit court dissolving its municipal incorporation, asserting that the State lacks authority to petition the court for such relief. Buffalo Chip also contends the circuit court erred in holding...

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