Section 34A-10-5 - Court remitting to administrative proceedings--Temporary relief--Retention ofjurisdiction. - South-dakota Statutes

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34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. If, in an action pursuant to § 34A-10-1, administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings, which proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2. In so remitting the court may grant temporary equitable relief where necessary for the protection of the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion thereof for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.

Source: SL 1973, ch 144, § 5 (2); SDCL Supp, § 21-10A-5; SL 1981 (2d SS), ch 1, § 24.

State Codes and Statutes

Statutes > South-dakota > Title-34a > Chapter-10 > Statute-34a-10-5

34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. If, in an action pursuant to § 34A-10-1, administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings, which proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2. In so remitting the court may grant temporary equitable relief where necessary for the protection of the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion thereof for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.

Source: SL 1973, ch 144, § 5 (2); SDCL Supp, § 21-10A-5; SL 1981 (2d SS), ch 1, § 24.

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State Codes and Statutes

Statutes > South-dakota > Title-34a > Chapter-10 > Statute-34a-10-5

34A-10-5. Court remitting to administrative proceedings--Temporary relief--Retention of jurisdiction. If, in an action pursuant to § 34A-10-1, administrative, licensing, or other proceedings are required or available to determine the legality of the defendant's conduct, the court shall remit the parties to such proceedings, which proceedings shall be conducted in accordance with and subject to the provisions of chapters 34A-1 and 34A-2. In so remitting the court may grant temporary equitable relief where necessary for the protection of the air, water, and other natural resources or the public trust therein from pollution, impairment, or destruction. In so remitting the court shall retain jurisdiction of the action pending completion thereof for the purpose of determining whether adequate protection from pollution, impairment, or destruction has been afforded.

Source: SL 1973, ch 144, § 5 (2); SDCL Supp, § 21-10A-5; SL 1981 (2d SS), ch 1, § 24.