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SOUTH DAKOTA FARM BUREAU, INC. v. HAZELTINE

No. CIV. 99-3018.

202 F.Supp.2d 1020 (2002)

SOUTH DAKOTA FARM BUREAU, INC., South Dakota Sheep Growers Association, Inc., Haverhals Feedlot, Inc., Sjovall Feedyard, Inc., Frank D. Brost, Donald Tesch, William A. Aeschlimann, Spear H Ranch, Inc., Marston Holben, Marston and Marion Holben Family Trust, Montana-Dakota Utilities Co., Northwestern Public Service, and Otter Tail Power Company, Plaintiffs, v. Joyce HAZELTINE, in her official capacity as Secretary of State of South Dakota and Mark W. Barnett, in his official capacity as Attorney General of South Dakota, Defendants. Dakota Rural Action and South Dakota Resources Coalition, Defendant-Intervenors.

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

May 17, 2002.

Attorney(s) appearing for the Case

Richard O. Gregerson, Susan M. Sabers, Woods, Fuller, Shultz & Smith, Sioux Falls, SD, Tomas P. Tonner, Tonner, Tobin & King, Aberdeen, SD, David S. Day, U.S.D. School of Law, Vermillion, SD, David A. Gerdes, Neil K. Fulton, May, Adam, Gerdes & Thompson, Pierre, SD, for Plaintiffs.

Mark W. Barnett, Roxanne Giedd, Lawrence E. Long, Diane M. Best, Attorney General's Office, Pierre, SD, for Defendants.

John H. Davidson, Jr., U.S.D. School of Law, Vermillion, SD, James Jay Tutchton, University of Denver, Denver, CO, Randy Canney, Denver, CO, for Defendant-Intervenors.

MEMORANDUM OPINION

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs seek declaratory and injunctive relief, challenging the constitutionality of the 1998 initiated amendments to Article XVII of the South Dakota Constitution, specifically Sections 21 through 24 (known as and hereinafter referred to as "Amendment E" because of its placement on the general election ballot when enacted by the voters of South Dakota). Amendment E in general...

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