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A state lawyer says "what the state grants, the state can take away," and that's exactly what the state is trying to do with the incorporation of the Buffalo Chip campground.

As the campground readies for another rally, it's legal team will be in court Tuesday to ask for the dismissal of the state's case against it.

Kent Hagg, representing the Buffalo Chip, says the state doesn't have the power to dismiss a municipality, even though James Moore, representing the state says their challenge is allowed under state law.

A new state law requires a municipality to have no less than 100 residents in order to be formed, and at least 45 registered voters. However, that law was not passed until after the Buffalo Chip incorporation. The campground was able to incorporate because the old law stated 'no less than 100 residents or less than 30 voters.'

The Buffalo Chip incorporation fight made its way to the Supreme Court earlier this year, but the high court ruled any action challenging the incorporation must come from the state.

The city of Sturgis and several Meade County landowners initially brought forth the lawsuit, saying Meade County Commissioners erred in allowing the vote to incorporate in the first place.

The Fourth Circuit Court in Sturgis will hear the appeal to dismiss the case on Tuesday.

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