Legal Opinion · Concurring in part, dissenting in part
Agar School District 58-1 Board of Education v. McGee
South Dakota Supreme Court
Decided January 25, 1995No. 18758, 18761, 18767 and 18769Published
1Concurring in part, dissenting in part
WUEST, Retired Justice
(concurring in part and dissenting in part).
I concur with the majority’s disposition of all issues in this case except the declaratory judgment issue.
The majority opinion cites Arneson v. Baker, 76 S.D. 262, 77 N.W.2d 325 (1956) in which this court acknowledged the split of authority among jurisdictions on the question of whether the existence of another adequate remedy precludes proceedings under the Declaratory Judgment Act in tax matters. We held in Ameson the predecessor statute to SDCL 10-27-1 and 10-27-2 did not constitute the exclusive remedy and that declaratory…
2Cases cited9 opinions
- Meyerink v. Northwestern Public Service Co.South Dakota Supreme Court · 1986
- Kneip v. HersethSouth Dakota Supreme Court · 1974
- Williams v. Bank of NorfolkSupreme Court of Virginia · 1962
- North Star Mutual Insurance Co. v. KneenSouth Dakota Supreme Court · 1992
- Chicago, Milwaukee, St. Paul and Pacific Railroad v. Board of CommissionersSouth Dakota Supreme Court · 1976
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