STURGIS, S.D. (AP) - South Dakota is challenging the incorporation of a town on the western part of the state.
The South Dakota Supreme Court said last week it will allow the state to intervene in the incorporation of Buffalo Chip, which is located outside Sturgis and used to be a campground mainly for motorcyclists, the Black Hills Pioneer reported .
Meade County Commissioners voted February 2015 to allow the campground to move forward in its bid to become a town. Several county residents and the city of Sturgis tried appealing the decision, but Buffalo Chip voters confirmed the incorporation in an election that May.
Legal challenges continued until the court ruled in January that any action challenging the incorporation of Buffalo Chip must be brought by the state. Since being allowed to intervene, the state has hired a private attorney to serve as a special assistant attorney general to oversee the case.
“This is great news,” said Daniel Ainslie, Sturgis city manager. “We are not sure of the result of this action, but it is in line with the direction the city has pursued since the Supreme Court issued its original decision.”
In its application for permission to challenge, the state said that a municipality can’t legally be incorporated if it has fewer than 100 residents. Buffalo Chip had fewer than 100 residents at the time of incorporation, according to census information submitted to Meade County.
“We are glad that at least one of the issues we brought up is going to be reviewed by the court,” Ainslie said. “We believe the county commission erred in their findings and that numerous state statutes were violated.”
The Supreme Court can rule based on what has been submitted or ask for additional information, he said.
The court has asked Buffalo Chip to provide a response by March 29.
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Information from: Black Hills Pioneer, http://www.bhpioneer.com
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