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ANDERSON v. CITY OF SIOUX FALLS

No. 14928.

384 N.W.2d 666 (1986)

Kirk ANDERSON, Petitioner and Appellee, v. CITY OF SIOUX FALLS, MINNEHAHA COUNTY, South Dakota; Joe Cooper, Mayor of the City of Sioux Falls; and Manfred Szameit, City Finance Director of the City of Sioux Falls, Respondents and Appellants.

Supreme Court of South Dakota.

Decided March 26, 1986.

Attorney(s) appearing for the Case

John Zimmer, of Zimmer, Richter & Duncan, Parker, for petitioner and appellee.

Duane C. Anderson, of Christopherson, Bailin & Anderson, Sioux Falls, for respondents and appellants; Roger A. Schiager, of Schiager & Peters, Sioux Falls, on brief.

MORGAN, Justice.

City of Sioux Falls (City) appeals from a judgment on an alternative writ of mandamus ordering City, Joe Cooper its mayor (Mayor), and Manfred Szameit, its finance director (Szameit), to immediately reinstate petitioner Kirk Anderson (Anderson) to the rank of battalion chief of the Sioux Falls Fire Department. We reverse.

In August of 1984, Mayor appointed a new fire chief. Pursuant to City Ordinance 30-19, the deposed fire chief, Orlan Norgaard...

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