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RAPID CITY AREA SCHOOL DIST. v. de HUECK

Nos. 13619, 13620.

324 N.W.2d 421 (1982)

RAPID CITY AREA SCHOOL DISTRICT No. 51-4, a political subdivision of the State of South Dakota, Plaintiff and Appellee, v. Peter de HUECK (# 13619), Defendant and Appellant, and Marson Beer (# 13620), Intervenor and Appellant.

Supreme Court of South Dakota.

Decided September 22, 1982.

Rehearing Denied October 27, 1982.

Attorney(s) appearing for the Case

Thomas E. Simmons of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiff and appellee.

Jeffrey P. Hallem, Asst. Atty. Gen., Pierre, for defendant and appellant Peter de Hueck; Mark V. Meierhenry, Atty. Gen., Pierre, on the brief.

Linda Lea M. Viken of Finch and Viken & Viken, Rapid City, for intervenor and appellant Marson Beer.

MORGAN, Justice.

This is an appeal from an order granting a peremptory writ of prohibition restraining the South Dakota Department of Labor (Department) from proceeding with a grievance against the Rapid City School Board (Board) filed by Marson Beer, appellant (Beer). We reverse and remand.

Beer, a school teacher for the Rapid City School District, Rapid City, South Dakota, received a contract for the 1981-82 school year increasing the number of classes that...

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