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(SD)-Legal Battle Over Buffalo Chip Incorporation Can Continue

By: John Axtell Posted at: 08/09/2018 11:57 PM
BUFFALO CHIP, S.D. (AP) - A judge says the state of South Dakota can move forward with efforts to challenge the incorporation of the Buffalo Chip campground into the city of Buffalo Chip three years ago. The town had filed a motion to dismiss the challenge, arguing the state lacked the authority to dissolve a municipality but the judge ruled it does.

       The state says Buffalo Chip was improperly formed because it had fewer than 100 legal residents or 30 voters at the time it was incorporated while city officials say the area had more than 30 voters. The law changed the following year to require both 100 residents and 45 voters.

       This is the second court challenge to Buffalo Gap becoming a city. The first, brought by neighboring Sturgis and a nearby landowner, argued a variety of violations and shortcomings in the incorporation process, but the judge in the case ruled matters dealing with incorporation could be pursued only by the state - a position upheld by the South Dakota Supreme Court.


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