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BAKER v. JACKSON

No. 14576.

372 N.W.2d 142 (1985)

Claude BAKER, Petitioner and Appellee, v. Robert JACKSON, Jr., Murdo City Auditor, Respondent and Appellant, and The Murdo City Council and James Hockenbary, Harriet Parish, Wayne S. Esmay, Carole Nash, Donald Hieb and Gene Beckwith, Constituting the Members of Said Council and Richard Bradley, as Mayor of the City of Murdo, Respondents.

Supreme Court of South Dakota.

Decided July 31, 1985.

Attorney(s) appearing for the Case

Dallas E. Brost of Brost & Brost, Presho, for petitioner and appellee.

James E. Carlon of Gors, Braun & Carlon, Pierre, for respondent and appellant.

HENDERSON, Justice.

ACTION

This is an appeal by the respondent Robert Jackson, Jr., the Auditor of the City of Murdo, from the issuance of a Writ of Mandamus directing him to call a referendum election. This referral concerns the Murdo City Council's action of creating a second police officer's position and hiring Duane Lewis to fill this position. Upon advice of counsel, Jackson refused to call an election. We...

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