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SOUTH DAKOTA MINING ASS'N v. LAWRENCE COUNTY

No. CIV. 97-5013.

977 F.Supp. 1396 (1997)

SOUTH DAKOTA MINING ASSOCIATION; Homestake Mining Company of California; Wharf Resources, a Montana General Partnership; Golden Reward Mining Company Limited Partnership; Naneco Minerals, Inc.; and Fred J. Gali and Iwalana I. Gali; Plaintiffs, v. LAWRENCE COUNTY, a Political Subdivision of the State of South Dakota, Defendant, v. Jack COLE, Intervenor. In re STATE OF SOUTH DAKOTA and Action for the Environment, Amicus Curiae.

United States District Court, D. South Dakota, Western Division.

September 26, 1997.

Attorney(s) appearing for the Case

Roger A. Tellinghuisen, Fuller, Tellinghuisen, Gordon & Eckrich, P.C., Spearfish, SD, Marvin D. Truhe, Linden R. Evans, Truhe, Beardsley, Jensen, Helmers & VonWald, Rapid City, SD, for South Dakota Mining Ass'n, Inc., Homestake Mining Co. of California, Wharf Resources, Golden Reward Mining Co. Ltd. Parntership, Naneco Minerals, Inc., Fred J. Gali, Iwalana I. Gali.

Robert D. Hofer, Riter, Mayer, Hofer, Wattier & Brown, Pierre, SD, John H. Fitzgerald, Lawrence County State's Atty., Deadwood, SD, for Lawrence County, South Dakota.

Roxanne Giedd, Atty. General's Office, Pierre, SD, for State of South Dakota, amicus.

William G. Taylor, Jr., Woods, Fuller, Shultz & Smith, P.C., Sioux Falls, SD, for Action for the Environment, amicus, Jack Cole, amicus.

MEMORANDUM OPINION AND ORDER

BATTEY, Chief Judge.

I. PROCEDURAL HISTORY

[¶ 1] On November 5, 1996, an initiated ordinance amending ordinance Number 1 of section 5.11 of the Lawrence County Zoning Ordinance was approved by 51 percent of the electorate of Lawrence County. Plaintiffs — South Dakota Mining Association (SDMA), Homestake Mining Company of California ("Homestake"), Wharf Resources ("Wharf"), Golden Reward Mining Company Limited...

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