(concurring in part and dissenting in part).
Since the result reached by the majority is in effect the same on rehearing as that of the original opinion, City of Sioux Falls v. Naused, 1974, 88 S.D. 14, 214 N.W.2d 74, I concur. However, I still adhere to my original opinion in that a decision on the merits of this case ignores SDCL 15-26-3.
I am authorized to state that Justice DUNN is in accord with my position.