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ELLIS v. CITY OF YANKTON

No. 18674.

526 N.W.2d 124 (1995)

Steve ELLIS and Kaye Ellis, Husband and Wife, Plaintiffs and Appellees, v. The CITY OF YANKTON, South Dakota, a Municipal Corporation, Defendant and Appellant, and Alfred T. Burbach, Yankton County, South Dakota, and All Persons Unknown Who Have Or Claim to Have Any Interest In Or Lien Or Encumbrances Upon the Premises Described in the Complaint, Defendants.

Supreme Court of South Dakota.

Decided January 4, 1995.

Rehearing Denied February 16, 1995.

Attorney(s) appearing for the Case

C.E. Light, Yankton, for plaintiffs and appellees.

William J. Klimisch of Goetz, Hirsch and Klimisch, Yankton, for defendant and appellant.

WUEST, Justice.

City of Yankton (City) appeals the trial court's grant of Ellis' motion for summary judgment stemming from the sale of real property by Yankton County (County) for unpaid taxes. We affirm.

FACTS

Yankton County had acquired tax deeds for nonpayment of taxes on several lots located within the City of Yankton. City had, prior to County's acquisition of the tax deed, certified to the County for collection certain unpaid special...

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