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ELBE v. YANKTON INDEPENDENT SCHOOL DIST. NO. 63-3

Civ. 80-4034.

640 F.Supp. 1234 (1986)

Oswald F. ELBE, James L. Cope, James A. Fravel, Jr., Laird P. Gillem, William H. Harris, Howard Hermanson, C.R. Kratz, John W. Mitchell, Fletcher C. Nelson, Lloyd K. Salisbury, and John Sprecher, Plaintiffs, v. YANKTON INDEPENDENT SCHOOL DISTRICT NO. 63-3, Dr. Donald Lepp, Garry Moore, Rev. Harold Hiemstra, Mary Alice Halverson and Ronald Bertsch, as members of the School Board of the Yankton Independent School District No. 63-3; Sioux Falls Independent School District No. 49-5; John Simko, Jr., Robert Glasrud, Karen Pearson, Sue Brown and Pam Nelson, as members of the School Board of the Sioux Falls Independent School District No. 49-5; Pierre School District No. 32-2; Patricia Adam, Gary Snow, Gary Ellwanger, Dr. Richard Schoessler, and Casey H. Kebach, as members of the School Board of the Pierre School District No. 32-2, Defendants, Dan Naughton, Barbara Naughton, James W. Fitzgibbons and Rose Clare Fitzgibbons, Intervenors.

United States District Court, D. South Dakota, S.D.

August 8, 1986.

Attorney(s) appearing for the Case

Lee Boothby, of Boothby & Huff, Berrien Springs, Mich., and Marvin K. Bailin, of Christopherson, Bailin & Anderson, Sioux Falls, S.D., for plaintiffs.

Gerald L. Reade, of Brady, Kabeiseman, Reade & Johnson, Yankton, S.D., for defendant Yankton Independent School Dist.

Deming Smith, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S.D., for defendant Sioux Falls Independent School Dist.

Robert D. Hofer, of Riter, Mayer, Hofer & Riter, Pierre, S.D., for defendant Pierre School Dist.

MEMORANDUM OPINION AND ORDER

NICHOL, District Judge.

The plaintiffs in this class action suit challenged the constitutionality of the South Dakota textbook loan statutes, S.D. C.L. sections 13-34-16.2 and 13-34-16.3, alleging that the statutes violated the Establishment Clause of the First Amendment of the United States Constitution, and sought both declaratory and injunctive relief. For the reasons hereinafter...

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