PIERRE SD - The South Dakota Supreme Court issued a couple of key decisions over this last week, involving a ballot issue, and eminent domain.
The Supreme Court upheld a circuit court ruling against the AFL-CIO labor union. The union had asked the court to toss out Constitutional Amendment "K" which confirms the right to a secret ballot in any election including union elections; and they asked the court to reject the written explaination of the measure frm Attorney General Jackley, on the grounds that it didn't meet the requirements of state law.
The court said that it had no authority to throw out the ballot amendment, since it hasn't been enacted into law yet, and that the Attorney General did act according to legal-requirements in writing the ballot explanation.
The court also found in favor of Lawrence County in a dispute over 515 acres of land involved in a condemnation proceeding, to facilitate the expansion of Spearfish Airport. Justices rejected the landowner argument that extra
height restrictions could be passed in the future that would impact their private use of nearby land, but did not preclude that this could be a future actionable issue; the court also rejected the claim that the cash settlement
for 206 acres of land was not sufficient.
The decisions were released late last Wednesday.
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