Legal Opinion

Dakota, Minnesota & Eastern Railroad v. Rounds

District Court, D. South Dakota

Decided March 28, 2006No. CIV 02-4083Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

PIERSOL, District Judge.

After this Court issued enjoined the State of South Dakota from enforcing S.D.C.L. §§ 49-16A-75.3(l),(2),(4) & (5) and enjoined the State of South Dakota from enforcing S.D. Admin. R. 70:08:01:03 and 70:08:01:04, Plaintiff and Defendants both appealed to the Eighth Circuit Court of Appeals. The Eighth Circuit vacated the injunction with regard to S.D.C.L. § 49-16A-75.3(5) because of uncertainty as to this Court’s subject matter jurisdiction, modified the injunction to restrain only the Governor of the State of South Dakota, and otherwise…

2Cases cited27 opinions

Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
Hodel v. Virginia Surface Mining & Reclamation Assn., Inc.Supreme Court of the United States · 1981
Yee v. City of EscondidoSupreme Court of the United States · 1992
Palazzolo v. Rhode IslandSupreme Court of the United States · 2001
MacDonald, Sommer & Frates v. Yolo CountySupreme Court of the United States · 1986

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