Legal Opinion · Concurrence

In Re Opinion of the Supreme Court Relative to the Constitutionality of Chapter 239, Session Laws of 1977

South Dakota Supreme Court

Decided August 26, 1977No. 12304Published

1ConcurrenceWollman, Justice

Although I agree with the answer given by my colleagues with respect to the ques*447tions raised in the request for an advisory-opinion, I would respectfully have declined to render the requested opinion.

■ The questions of law set forth in the request are, of course, important; indeed, we hold that the Act in question is unconstitutional, at least in part. The questions of law regarding the exercise of the Governor’s executive authority, however, are not such as would warrant us in answering the request. Section 1 of the Act, Chapter 239, Laws of 1977, provides that the members of the South…

2Cases cited3 opinions

  1. McFarland v. BarronSouth Dakota Supreme Court · 1969
  2. Opinion of the Supreme CourtSouth Dakota Supreme Court · 1973
  3. In Re Opinion of the JudgesSouth Dakota Supreme Court · 1971

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