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FIRST DAKOTA TITLE v. CODINGTON COUNTY

No. 19475.

554 N.W.2d 666 (1996)

1996 SD 125

FIRST DAKOTA TITLE, LIMITED PARTNERSHIP, A South Dakota Limited Partnership, Plaintiff and Appellee, v. CODINGTON COUNTY, South Dakota, and Kay Schirnbeck, Register of Deeds for Codington County, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 23, 1996.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, for plaintiff and appellee.

Thomas F. Burns, Codington County Deputy States Attorney, Watertown, for defendants and appellants.

SABERS, Justice.

[¶ 1] County attempted to charge a new abstracter the statutory per-page rate for its records rather than actual copying costs. The trial court agreed with First Dakota, the new abstracter, and County appealed. We affirm.

FACTS

[¶ 2] First Dakota is an abstracter certified to conduct the business of abstracting in Lincoln and Minnehaha Counties. Interested in expanding its abstracting business into the Watertown area, First...

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