Legal Opinion

Smiley v. State of South Dakota

District Court, D. South Dakota

Decided July 7, 1976No. CIV 76-5007PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM OPINION

BOGUE, District Judge.

INTRODUCTION

Plaintiffs filed a Complaint in this Court alleging a violation of due process of law as guaranteed by the Fifth and Fourteenth Amendments to the Constitution of the United States. More specifically, plaintiffs allege that the State of South Dakota; the Water Rights Commission, an agency of the State; and the Belle Fourche Irrigation Project, a corporate entity operating by the authority of the laws of South Dakota; “threaten to limit Plaintiffs’ use of water under their riparian rights, unless restrained from doing so by this Court.”…

2Cases cited22 opinions

  1. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  2. Commissioner v. SunnenSupreme Court of the United States · 1948
  3. Ex Parte PoreskySupreme Court of the United States · 1933
  4. Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
  5. Clifton C. Tang v. Appellate Division of the New York Supreme Court, First Department, and Honorable Justices Aron SteuerCourt of Appeals for the First Circuit · 1974

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3Cited by4 opinions

  1. Robinson v. AriyoshiHawaii Supreme Court · 1982
  2. Robert D. Miller v. Hamline University School of Law, a Non Profit OrganizationCourt of Appeals for the Eighth Circuit · 1979
  3. R. A. Smiley and Mary H. Smiley v. State of South DakotaCourt of Appeals for the Eighth Circuit · 1977
  4. Midcontinent Broadcasting Co. v. Dresser Industries, Inc.District Court, D. South Dakota · 1980

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