ANDERSON v. CITY OF TEA

No. 23949.

725 N.W.2d 595 (2006)

2006 SD 112

Deb ANDERSON, Petitioner and Appellant, v. The CITY OF TEA, South Dakota, A Municipal Corporation, John M. Lawler, as Mayor of the City of Tea and The City Council Members, Eric Levan, Herman Otten, Deanna Ernster, Scott Czepull, Sidney Munson and Jo Niles, Respondents and Appellees.

Supreme Court of South Dakota.

Decided December 6, 2006.


Attorney(s) appearing for the Case

Thomas H. Frieberg, Kathryn A. Ritter, Intern Frieberg, Nelson & Ask, LLP, Beresford, SD, for petitioner and appellant.

Jason M. Harris of Danforth & Meierhenry, LLP, Sioux Falls, SD, for respondents and appellees.


MILLER, Retired Justice.

[¶ 1.] In this appeal we affirm the circuit court and hold that petitions seeking to bring a municipal ordinance to a public vote do not conform to statutory requirements.

[¶ 2.] Deb Anderson objected to a resolution adopted by the City of Tea that required the construction of sidewalks along various streets and avenues in the municipality. She and others circulated petitions among the residents of Tea attempting to refer...

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