District Court, D. South Dakota December 28, 2007, CIV 04-3014 (VERIZON WIRELESS (YAW) LLC v. Kolbeck)

OPINION AND ORDER

KORNMANN, District Judge.

INTRODUCTION

[¶ 1] Plaintiffs (“Verizon Wireless”) instituted this declaratory judgment action, seeking a declaration that portions of Senate Bill 144, enacted by the 79th Session of the South Dakota Legislature, published as Chapter 284 of the 2004 Session Laws and now codified at SDCL 49-31-109 through 49-31-115, are unconstitutional, as applied to