BIEGELMEIER, Judge. After an election and other appropriate proceedings in 1969, Harrison Flats Common School District, herein sometimes referred
to as Harrison Flats, became a part of Custer Independent School District. Thereafter appellant, The State Commission on Elementary
and Secondary Education (Commission), detached that part of Custer Independent School District (Custer Independent) which
had been Harrison Flats and attached it to the Hot Springs Independent School District, and also attached a portion of Fairburn
School District to the Hot Springs District. From such actions the Custer County Board of Education and Custer Independent
served and filed a petition for review under the Administrative Procedure Act, SDCL 1-26, and a notice of appeal under the
provisions for appeal set out in SDCL 13-46-1 and 13-6-89. Upon hearing the controversy, the Circuit Court of Custer County
held the actions attaching the tracts to Hot Springs Independent School District were void. The Commission appeals.
