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KIRBY v. HOVEN SCHOOL DISTRICT NO. 53-2

No. 23105.

686 N.W.2d 905 (2004)

2004 SD 100

Kelly KIRBY, Renee Kirby, Kenneth Kirby, Renea Kirby, Francis Kirby, Theresa Kirby, James R. Brown, John Lake, James A. Lake and Gettysburg School District No. 53-1, Appellants, v. HOVEN SCHOOL DISTRICT NO. 53-2, Appellee.

Supreme Court of South Dakota.

Decided September 1, 2004.

Attorney(s) appearing for the Case

Craig E. Smith of Neumayr and Smith, Gettysburg, SD, for appellants.

David A. Von Wald, Hoven, SD, for appellee.

GILBERTSON, Chief Justice.

[¶ 1.] Kelly Kirby, Renee Kirby, Kenneth Kirby, Renea Kirby, Francis Kirby, Theresa Kirby, James R. Brown, John Lake, James A. Lake (collectively, Petitioners) and the Gettysburg School District appeal the denial of their petition for a minor school district boundary change by the Hoven School Board (Board). We affirm.

FACTS AND PROCEDURE

[¶ 2.] Petitioners filed for a minor boundary change in order to transfer...

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