City of Rapid City v. State

This appeal by the State of South Dakota asserts that the trial court erred in denying appellant’s motion for change of venue. The trial court entered its order of .denial on April 4, 1979, and the State served and filed its notice of appeal on April 18, 1979. The respondents have moved this Court for dismissal of the appeal upon the grounds that such intermediate order is not appeala-ble of right under the provisions of SDCL 15-26-1.

This motion brings to focus a rather hazy area of our appellate law, for this Court has, as recently as 1977, in a footnote in Blair v. Scherle Irrigation Sales,…