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After Referral, Ballots Remain Sealed: SD Supreme Court Asked For Resolution

Ballots have sat uncounted in the Fall River County auditor’s office for nearly a year, waiting for settlement of a dispute over legal procedures leading to the election. The South Dakota Supreme Court heard arguments Wednesday, Oct. 7, from both sides. High Plains Resources LLC wants to build a dump for oil-contaminated soil just outside Edgemont’s city limits and says it followed state law in getting the county’s permission. But the Fall River County Attorney says commissioners violated open meeting and open records laws by not giving the public adequate notice, and so the commission was justified in rescinding its permit.

CHIEF JUSTICE SAYS BALLOTS COULD BE OPENED

Ballots have sat uncounted in the Fall River County auditor’s office for nearly a year, waiting for settlement of a dispute over legal procedures. The South Dakota Supreme Court heard arguments Wednesday, Oct. 7, from both sides.

High Plains Resources LLC wants to build a dump for oil-contaminated soil just outside Edgemont’s city limits and says it followed state law in getting the county’s permission in March 2014.

But Fall River County Attorney James Sword says commissioners violated open meeting and open records laws by not giving the public adequate notice, and so the commission was justified in rescinding its March permit and having a full hearing on the issue in June last year.

Fall River County residents referred the June permit to a vote. During legal wrangling in the aftermath, a circuit judge stopped the vote from going forward, but the state’s high court lifted that stay.

During oral arguments, Chief Justice David Gilbertson asks Sword why Fall River County didn’t take advantage of that opening.

GILBERTSON: “There was the writ of prohibition. We stayed the writ of prohibition, so the vote took place, and that stay stayed in place until sometime in December. Correct?”

SWORD: “Correct.”

GILBERTSON: “Why didn’t you count the votes?”

SWORD: “That is where the law and politics kind of ran into each other. Um, I am…”

GILBERTSON: “Well, we don’t deal with politics. We deal with law. Why didn’t you count the votes?”

SWORD: “Correct. Because it was the decision by the county commission that they wanted to pursue the normal channels for the appeal.”

The Supreme Court will issue an opinion later whether the March permit was valid, making the June permit and the referral superfluous.

100715--sdsc_uncounted_votes--readerbite__2_.mp3
Exchange between Chief Justice David Gilbertson and Fall River County Attorney James Sword

Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She Retired from this position in March 2023.
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