The
SD Supreme Court handed one decision this morning, holding inter alia:
- Dissolution of Buffalo Chip as a SD Municipality
affirmed
Summary
follows:
STATE
v. BUFFALO CHIP, 2020 S.D. 63:
At the request of the State, acting through the
Attorney General, the lower court dissolved the municipal incorporation of
Buffalo Chip. In making this holding,
the lower court found that the State was authorized to seek dissolution and the
lower court also held that Buffalo Chip failed to satisfy the residency
requirements of SDCL 9-3-1 which, at the relevant time, provided, “No
municipality shall be incorporated which contains less than 100 legal residents
or less than 30 voters.”
Buffalo Chip appealed. The SD Supreme Court affirmed the lower court
in today’s decision.
As to the 1st issue (authority of the
state to challenge), the Court’s decision is unanimous with opinion authored by
Justice Kern. The Court holds, “We
conclude that the circuit court properly allowed the State to institute this
action against Buffalo Chip under SDCL 21-28-2(3) and SDCL 9-3-20.”
As to the 2nd issue (residency
requirements), the Court’s decision came down to a 3-1-1 ruling, with Chief
Justice Gilbertson being the lone dissenter.
The opinion of the Court is authored by Justice DeVaney, with Justices
Salter and Jensen in full agreement. Justice Kern filed a special concurring
opinion. Chief Justice Gilbertson would
reverse in favor of Buffalo Chip on the basis that incorporation as a
municipality could be achieved under the statute because there were 30 or more
voters, even though Buffalo Chip lacked 100 residents.
NOTE: The
statute has subsequently been amended to more restrictive requirements which
currently include, “A municipality may not be incorporated unless it contains as
least one hundred legal residents and at least forty-five registered voters.”
This
decision may be accessed at
