Legal Opinion

Yankton County v. Board of County Commissioners

South Dakota Supreme Court

Decided February 20, 1923No. File Nos. 5063-5065PublishedCited by 2 opinions

Appeal from1 -Circuit Court, Yankton County; Ho.n. R. B. Tripp, Judge. Appeals by Yankton County on demand of seven taxpayers, and by Gilbert Larson, from action of the Board of County Commissioners, undertaking to- lease w-ith option to purchase property held by Sanford G. Donaldson, Receiver of the Yankton County Breeders’ Association & Sales Comfpany, and an appeal by John H. Munkvold fromi a tax levy of said- Board of County Commissioners.

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Appeal from1 -Circuit Court, Yankton County; Ho.n. R. B. Tripp, Judge. Appeals by Yankton County on demand of seven taxpayers, and by Gilbert Larson, from action of the Board of County Commissioners, undertaking to- lease w-ith option to purchase property held by Sanford G. Donaldson, Receiver of the Yankton County Breeders’ Association & Sales Comfpany, and an appeal by John H. Munkvold fromi a tax levy of said- Board of County Commissioners. From judgment of the circuit court restraining the levy of said tax and pulrchase of said property, the Receiver and the Board appeal. Appellant cited,…

1Opinion of the CourtGates, J.

Chapter 169, Laws 1921, reads as follows:

“Section 1. The county commissioners” of any county may erect and maintain upon any ground owned by the county a building or 'buildings to be used for the exhibition of stock, farm produce, school work and domestic arts or for the sale of live stock or for farmers or other meetings or any or all of said purposes.

“Sec. 2. The county commissioners may levy a tax for the purposes authorized in section one. That such tax levy shall not exceed three-tenths mills on each dollar of taxable property in the county.”

On September 6, 1921, the board of county…

2Cases cited9 opinions

  1. People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
  2. Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
  3. Hoyt v. Hughes CountySouth Dakota Supreme Court · 1913
  4. Champion v. Board of County Commissioners of Minnehaha CountySupreme Court Of The Territory Of Dakota · 1889
  5. Wood v. BangsSupreme Court Of The Territory Of Dakota · 1875

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

3Cited by2 opinions

  1. Codington County v. Board of County Com'rsSouth Dakota Supreme Court · 1927
  2. County of Codington v. Board of County CommissionersSouth Dakota Supreme Court · 1924

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