Legal Opinion
Benson v. State
South Dakota Supreme Court
Decided January 24, 2006No. 23492PublishedCited by 43 opinions
1Opinion of the Court
[¶ 2.] Justice JUDITH K. MEIERHENRY
delivers the opinion of
the Court on Issue 1, which holds that the circuit court had jurisdiction to consider this action.
[¶ 3.] Justice JUDITH K. MEIERHENRY delivers the opinion of the Court on Issue 2, which holds that Landowners have standing to challenge the statute at issue.
[¶ 4.] Chief Justice DAVID GILBERTSON delivers the opinion of the Court on Issue 3, which holds that the challenged statute does not constitute a compensable taking under the United States Constitution or the South Dakota Constitution.
[¶ 5.] MEIERHENRY, Justice, writing for the Court…
2Cases cited15 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Ex Parte YoungSupreme Court of the United States · 1908
- Alden v. MaineSupreme Court of the United States · 1999
- Gladstone, Realtors v. Village of BellwoodSupreme Court of the United States · 1979
- White Eagle Oil & Refining Co. v. GundersonSouth Dakota Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Rupert v. City of Rapid CitySouth Dakota Supreme Court · 2013
- Cable v. UNION COUNTY BOARD OF COUNTY COMMISSIONERSSouth Dakota Supreme Court · 2009
- Krier v. Dell Rapids Twp.South Dakota Supreme Court · 2006
- Manning v. Mining & Minerals Division of the Energy, Minerals, & Natural Resources DepartmentNew Mexico Supreme Court · 2006
- ALVINE FAMILY LTD. PARTNERSHIP v. HagemannSouth Dakota Supreme Court · 2010
38 more not listed; retrieve them via the Exa API.