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BROWN v. CITY OF YANKTON

No. 16078.

434 N.W.2d 376 (1989)

Marlow James BROWN, Plaintiff and Appellant, v. The CITY OF YANKTON, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 18, 1989.

Attorney(s) appearing for the Case

David C. Humphrey of Humphrey Law Office, Yankton, for plaintiff and appellant.

James T. Goetz of Goetz, Hirsch and Klimisch, Yankton, for defendant and appellee.

SABERS, Justice.

Marlow Brown (Brown) claims his damages for wrongful discharge under the South Dakota Veteran's Preference Statute (SDCL ch. 3-3) should be measured from date of dismissal rather than date of application for relief.

Facts

Brown was hired as a custodian by the City of Yankton (City) in mid-1979. He was employed by the City on an indefinite basis until his dismissal on July 16, 1985.1 City knew that...

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