Legal Opinion

In Re Writ of Certiorari as to the Determination of Election on the Brookings School District's Decision to Raise Additional General Fund

South Dakota Supreme Court

Decided July 17, 2002No. NonePublishedCited by 5 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] This case presents the question whether a petition for recount in a school district election is sufficient, when it is not verified as required by statute. After a school district referendum election approving a tax increase, a recount board was convened on a petition that was not verified. The recount board overturned the election. We conclude that absent verification, the recount petition was invalid, and because the recount board was convened invalidly, its decision overturning the school district election was also invalid. Thus, the circuit court’s grant of a…

2Cases cited10 opinions

  1. Larson v. LockenSouth Dakota Supreme Court · 1978
  2. Cole v. BOARD OF ADJUSTMENT OF HURONSouth Dakota Supreme Court · 1999
  3. Duffy v. MortensonSouth Dakota Supreme Court · 1993
  4. State Ex Rel. Olson v. ThompsonNorth Dakota Supreme Court · 1976
  5. Janssen v. TushaSouth Dakota Supreme Court · 1942

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Brosnan v. BrosnanSouth Dakota Supreme Court · 2013
  2. In Re the Petition for Writ of Certiorari as to the Wrongful Payments of Attorney Fees Made by the Brookings School District School BoardSouth Dakota Supreme Court · 2003
  3. State Ex Inf. Sanders Ex Rel. City of Lee's Summit v. City of Lake LotawanaMissouri Court of Appeals · 2007
  4. THOM & MILLER v. BARNETT/ELECTION CONTEST AS TO AMENDMENT ASouth Dakota Supreme Court · 2021
  5. In Re the Petition for Writ of Certiorari as to the Wrongful Payments of Attorney Fees Made by the Brookings School District School BoardSouth Dakota Supreme Court · 2003

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