Legal Opinion
South Dakota Farm Bureau, Inc. v. Hazeltine
Court of Appeals for the Eighth Circuit
Decided August 19, 2003No. 02-2366, 02-2588, 02-2644, 02-2646PublishedCited by 20 opinions
1Opinion of the Court
BOWMAN, Circuit Judge.
The South Dakota Constitution prohibits corporations and syndicates, subject to certain exemptions, from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota. This restriction, known as Amendment E, was added to the South Dakota Constitution as the result of a 1998 referendum. The thirteen Plaintiffs in this case allege that Amendment E violates the dormant Commerce Clause of the United States Constitution, and a smaller group of these Plaintiffs also claims that it violates the Americans with Disabilities Act…
2Cases cited34 opinions
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Allen v. WrightSupreme Court of the United States · 1984
- FW/PBS, Inc. v. City of DallasSupreme Court of the United States · 1990
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
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3Cited by20 opinions
- South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors State of Nebraska Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of the American Farm Bureau Federation Alabama Farm Bureau Federation Arkansas Farm Bureau Federation Kansas Farm Bureau Federation Kentucky Farm Bureau Federation Minnesota Farm Bureau Federation North Dakota Farm Bureau Federation Utah Farm Bureau Federation, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors Everett Holstein Rudy Meduna Dan Hodges, Amicus on Behalf of South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust, Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, Intervenors South Dakota Farm Bureau, Inc. South Dakota Sheep Growers Association, Inc. Haverhals Feedlot, Inc. Sjovall Feedyard, Inc. Frank D. Brost Donald Tesch William A. Aeschlimann, Spear H. Ranch, Inc. Marston Holben Marston and Marian Holben Family Trust Montana-Dakota Utilities Company Northwestern Public Service Otter Tail Power Company v. Joyce Hazeltine, in Her Official Capacity as Secretary of State of South Dakota Mark W. Barnett, in His Official Capacity as Attorney General of South Dakota, Dakota Rural Action South Dakota Resources Coalition, IntervenorsCourt of Appeals for the Eighth Circuit · 2003
- Jones v. GaleCourt of Appeals for the Eighth Circuit · 2006
- Doe 1-36 v. NebraskaDistrict Court, D. Nebraska · 2011
- Waste Connections of Nebraska, Inc. v. City of LincolnNebraska Supreme Court · 2005
- Martin v. ReliaStar Life InsuranceDistrict Court, D. Minnesota · 2010
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