Merkwan v. State by and Through Janklow

375 N.W.2d 624 (1985)

Gary MERKWAN, Applicant,

v.

STATE of South Dakota, By and Through its Governor, William J. JANKLOW, Sheldon Cotton, Commissioner of School and Public Lands, Respondents.

No. 15010.

Supreme Court of South Dakota.

Considered on Briefs July 31, 1985.

Decided October 9, 1985.

Celia Miner of Brady, Kabeiseman, Reade & Johnson, Yankton, for applicant.

Mark V. Meierhenry, Atty. Gen., Pierre, for respondents.

MORGAN, Justice.

This case was brought by petition to commence an original action seeking (1) a declaratory judgment that S. 310 60th Sess. (1985) (SB 310/85) is unconstitutional; and…