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BIG STONE BROADCASTING, INC. v. LINDBLOOM

No. 00-1012.

161 F.Supp.2d 1009 (2001)

BIG STONE BROADCASTING, INC., Plaintiff, v. Dr. Buron LINDBLOOM, in his official capacity as Chairman of the South Dakota Aeronautics Commission, et al., Defendants.

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

August 27, 2001.

Attorney(s) appearing for the Case

Brent A. Wilbur, Neil K. Fulton, May, Adam, Gerdes & Thompson, Pierre, John L. Krenn, Gray, Plant, Mooty, Mooty & Bennett, P.A., Minneapolis, MN, for Plaintiffs.

Mark T. Quinlivan, U.S. Dept. of Justice, Washington, DC, Amicus Curiae, for Plaintiffs.

Darin P. Bergquist, Department of Transportation Legal Division, Pierre, for Defendants.

MEMORANDUM OPINION AND ORDER

KORNMANN, District Judge.

[¶ 1.] Plaintiff Big Stone Broadcasting, Inc. ("Big Stone") instituted this action for declaratory and injunctive relief against the seven members of the South Dakota Aeronautics Commission (SDAC) and the South Dakota Attorney General (collectively "defendants"), claiming that SDCL Chapter 50-9 and ARSD 70:02:03, which govern the construction of structures over 200 feet in height, have been preempted...

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