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CITY OF MISSION v. ABOUREZK

No. 13327.

318 N.W.2d 124 (1982)

CITY OF MISSION, a Municipal Corporation, Plaintiff and Appellee, v. Charles ABOUREZK, Jr., and Elda M. Abourezk, husband and wife, and Thomas J. Abourezk and Twila Abourezk, husband and wife, Defendants and Appellants.

Supreme Court of South Dakota.

Decided April 7, 1982.

Attorney(s) appearing for the Case

Stanley E. Whiting of Day, Grossenburg & Whiting, Winner, for plaintiff and appellee.

Charles Rick Johnson of Johnson, Johnson & Eklund, Gregory, for defendants and appellants.

PER CURIAM.

In this action for declaratory relief the city of Mission, South Dakota (city), sought to have a contract for deed declared null and void and to recover a down payment it had made. A subsequent referendum election had rejected the city council's resolution to purchase the real estate. The circuit court concluded that the election proceedings were valid, declared the contract for deed null and void and permitted the city to recover its down payment. In...

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