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ORR v. KNEIP

1 Citing case

  1. ORR v. KNEIP

    287 N.W.2d 480 (S.D. 1979)   Cited 14 times
    In Orr v. Kneip, 287 N.W.2d 480, 484 (S.D. 1979), we wrote: "While counsel for [appellee] assiduously made his record to preserve the issue, we must decline to address it since it has not been properly presented to us due to [appellee's] failure to cross-appeal."

    We reverse and remand. This controversy was previously before us in Orr v. Kneip, 260 N.W.2d 638 (S.D. 1977), hereinafter referred to as Orr I. The facts are set forth fully in that opinion and will not be repeated here at length. In summary, plaintiffs, respondents herein, brought this action against the subdistrict challenging the constitutionality of the apportionment of the subdistrict's board of directors.