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BJORNSON v. CITY OF ABERDEEN

No. 12804.

296 N.W.2d 896 (1980)

Paul J. BJORNSON, and Aberdeen Motor Hotels, Inc., a South Dakota Corporation, Plaintiffs and Appellees, v. The CITY OF ABERDEEN, a Municipal Corporation; Jeff Solem, Mayor of the City of Aberdeen and a member of the City Commission of the City of Aberdeen; Henry Lussem, Dean Driscoll, Robert Nikolas, and Allen Gates, each Members of the City Commission of the City of Aberdeen; and Winifred Kraft, City Auditor of the City of Aberdeen, Defendants, and James G. Shavie, Intervenor and Appellant.

Supreme Court of South Dakota.

Decided September 17, 1980.

Attorney(s) appearing for the Case

Julie Johnson of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for plaintiffs and appellees; Dennis Maloney of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, on the brief.

William J. Srstka, Jr. of Duncan, Olinger, Srstka, Lovald & Robbennolt, Pierre, for intervenor and appellant.

MORGAN, Justice.

This appeal stems from the trial court's grant of a peremptory writ of prohibition against the conduct of a special election, called in response to the filing of certain municipal referendum petitions which sought to refer to a vote of the people of Aberdeen a duly adopted ordinance, which, under SDCL 9-54, authorized issuance of industrial revenue bonds in the amount of $2,800,000 to provide for the construction of a Ramada Inn Motel and convention...

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