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SELWAY v. SCHULTZ

No. 12492.

268 N.W.2d 149 (1978)

Stanton SELWAY and Carol J. Henry, Plaintiffs and Appellants. v. R. Earl SCHULTZ, Boyd E. Larson, Henry Lasher, John Cox and Wallace Furze, as Members of the Board of County Commissioners for Lawrence County, South Dakota, and James Voorhees, Jr. and John Fuller, Defendants and Respondents.

Supreme Court of South Dakota.

Decided July 20, 1978.

Attorney(s) appearing for the Case

Reed C. Richards of Richards & Richards, Deadwood, for plaintiffs and appellants.

Craig D. Grotenhouse, Lawrence County State's Atty., and Stephen Clare Hoffman, Legal Intern, Deadwood, for defendants and respondents.

DUNN, Chief Justice.

This case involves a dispute over appointments made to the Lawrence County Planning and Zoning Board by the Lawrence County Commissioners. The commissioners appointed defendants Voorhees and Fuller to replace plaintiffs Selway and Henry on the board. The lower court found that the appointments were within the authority and jurisdiction of the county commissioners and that the appointees were duly qualified, acting members of the board. We affirm...

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