Appeal: Buffalo Chip City

Posted on January 26, 2018

Jack Hieb and Zachary Peterson prevailed on an appeal to the South Dakota Supreme Court in a case in which they defended Meade County.  The City of Sturgis and others challenged the order of the Meade County Board of County Commissioners approving incorporation of the proposed municipality of Buffalo Chip City, South Dakota.

An election for voters to decide whether to assent to incorporation was held in May 2015, and the voters approved the creation of the new city. The circuit court rejected Meade County’s requests to dismiss the case, and issued a judgment declaring that Meade County’s order was invalid, that the election was a nullity, and that consequently, Buffalo Chip City was void. On appeal, the South Dakota Supreme Court reversed the circuit court and vacated its judgment. The Court ruled that the City of Sturgis and the other appealing parties lacked standing to challenge the organization of an acting municipality after the election took place; rather, that is an action that can only be pursued by the State of South Dakota.

Read the Court’s decision here.

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