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HANKS v. CORSON BD. OF COUNTY COM'RS

No. 24003.

727 N.W.2d 296 (2007)

2007 SD 10

Curtis W. HANKS, Plaintiff and Appellee, v. CORSON COUNTY BOARD OF COUNTY COMMISSIONERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided January 17, 2007.

Attorney(s) appearing for the Case

Elton R. Anson of Crane & Anson, Lemmon, South Dakota, Attorneys for appellee.

Thomas E. Simmons, G. Verne Goodsell, Jonathan M. Oostra of Gunderson, Palmer, Goodsell & Nelson, Rapid City, South Dakota, Attorneys for appellant.

ZINTER, Justice.

[¶ 1.] The Corson County Board of Commissioners (Board or County) contracted with a private attorney to provide legal services for the County. The circuit court found that some of the contemplated legal services fell within the scope of the Corson County State's Attorney's duties. To that extent, the circuit court concluded that the contract was void because it usurped the duties of an elected state's attorney. The Board appeals. We affirm and...

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