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· 12/20/1968

Nelson v. City of Miller

Citations

  • 163 N.W.2d 533
  • 83 S.D. 611
  • 1968 S.D. LEXIS 146

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • applying \doctrine of separability\ when the legislature enacted a similar separability clause
  • applying “doctrine of separability” when the legislature enacted a similar separability clause
  • statute making a circuit judge chair of mediation panel to determine which of competing suppliers will provide electrical service in a specific area violated the separation of powers provision of the South Dakota Constitution
  • \[A]ll the judicial power is expressly conferred upon the courts.\
  • “The doctrine of separability requires the court to uphold any phase of the measure if the legislature would have enacted -40- #29546, #29547 that much without the part the constitution rejects.” (citing State ex rel. Mills v. Wilder, 73 S.D. 330, 42 N.W.2d 891 (1950))

Source: CourtListener parenthetical corpus (CC0).

Judges: Hanson, Rentto, Biegelmeier, Homeyer, Roberts

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.