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McELHANEY v. ANDERSON

No. 20681.

598 N.W.2d 203 (1999)

1999 SD 78

Leonard McELHANEY, Plaintiff and Appellee, v. Russell ANDERSON and City of Edgemont, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 30, 1999.

Rehearing Denied August 6, 1999.

Attorney(s) appearing for the Case

Patrick M. Ginsbach of Farrell, Farrell and Ginsbach, Hot Springs, for plaintiff and appellee.

Ted W. Hinesley, Edgemont, for defendants appellants.

GILBERTSON, Justice

[¶ 1.] Former City official of the City of Edgemont sought and obtained a writ of quo warranto claiming City had unlawfully usurped him from the position of Street and Water Commissioner. The trial court, Seventh Judicial Circuit, Fall River County, issued a judgment in favor of the former Commissioner, restoring him to this office. The City appeals. We reverse and remand.

FACTS AND PROCEDURE

[¶ 2.] Leonard McElhaney...

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