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SPECKELS v. BALDWIN

No. 17987.

512 N.W.2d 171 (1994)

Jerome Edward SPECKELS, Plaintiff and Appellant, v. Gerald M. BALDWIN, Individually, Edward A. Himrich, Individually, and Home Corporation, Defendants and Appellees, and City of Custer City, a municipal corporation, Annella Wright, in her capacity as Mayor of the City of Custer City, State of South Dakota, in their official capacity as Members of the Common Council for the City of Custer City: Rob Schilling, Roger Behlings, Kevin Jenniges, Sam Boettcher, Blaine Foss, and Lee Sutton, Defendants.

Supreme Court of South Dakota.

Reassigned November 16, 1993.

Decided February 16, 1994.

Rehearing Denied March 29, 1994.

Attorney(s) appearing for the Case

Wayne F. Gilbert of Johnson Huffman, Rapid City, Timothy J. Vander Heide of Bakewell, Hauge & Vander Heide Custer, Ronald W. Banks of Banks, Johnson & Colbath, Rapid City, for plaintiff and appellant.

Edward D. Carpenter of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, for defendants and appellees Baldwin, Himrich and Home Corp.

HENDERSON, Justice (on reassignment).

PROCEDURAL HISTORY/ISSUES

Taxpayer Jerome Speckels sought to declare null and void a lease-purchase agreement between the City of Custer City (City) and Homes, Inc., a for-profit corporation which included the Custer City Attorney, Gerald Baldwin, as one of its principals. Following trial on January 3, 1992, Findings of Fact and Conclusions of Law were entered by the trial court upholding the contract. On appeal...

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