Legal Opinion
State Ex Rel. Van Emmerik v. Janklow
South Dakota Supreme Court
Decided April 15, 1981No. 13354PublishedCited by 24 opinions
1Opinion of the Court
FOSHEIM, Justice.
This is an original proceeding in which petitioner seeks writs of prohibition and mandamus. We deny the writs sought and quash the alternative writ of prohibition previously issued.
The present case has its origins in litigation commenced by petitioner in 1979. Petitioner originally instituted a class action seeking a one percent refund of sales taxes from the State of South Dakota and from all retailers engaged in the sale, furnishing or service of gas, electricity or water since January 1, 1976, which petitioner claimed were collected in excess of the rate imposed by SDCL…
2Cases cited23 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- Chase Securities Corp. v. DonaldsonSupreme Court of the United States · 1945
- Welch v. HenrySupreme Court of the United States · 1938
- Milliken v. United StatesSupreme Court of the United States · 1931
- Federal Housing Administration v. Darlington, Inc.Supreme Court of the United States · 1959
18 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- First National Bank of Minneapolis v. Kehn Ranch, Inc.South Dakota Supreme Court · 1986
- Baatz v. Arrow BarSouth Dakota Supreme Court · 1988
- Gasper v. FreidelSouth Dakota Supreme Court · 1990
- J. Thomas Zaber, On Behalf Of Himself And All Others Similarly Situated Vs. City Of Dubuque, IowaSupreme Court of Iowa · 2010
- Sheehan v. United Pacific Insurance Co.South Dakota Supreme Court · 1989
19 more not listed; retrieve them via the Exa API.