South Dakota’s Challenge To Western Town Returns To Court

KELO Scales of Justice court

A town in western South Dakota is seeking to dismiss the state’s case against its incorporation.
Court arguments over whether Buffalo Chip can incorporate are scheduled for Tuesday in Sturgis.
Buffalo Chip’s lawyer Kent Hagg says the state doesn’t have the authority to dissolve a municipality.
James Moore is the state’s special assistant attorney general. He says state law allows South Dakota to challenge the town’s incorporation.
South Dakota is opposing Buffalo Chip because state law said when voters confirmed the incorporation in 2015 that a municipality cannot incorporate if it has fewer than 100 legal residents or 30 voters. Census information submitted at the time showed Buffalo Chip didn’t meet the threshold.
The law changed in 2016 to 100 legal residents and 45 registered voters.

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