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PATTERSON v. LINN

No. 21745.

636 N.W.2d 467 (2001)

2001 SD 135

Beverly PATTERSON, Plaintiff and Appellant, v. Clifford L. LINN, individually, and as Mayor of the City of Sturgis, South Dakota; and, City of Sturgis, South Dakota, a Municipal Corporation, Defendants and Appellees,

Supreme Court of South Dakota.

Reassigned September 10, 2001.

Decided November 7, 2001.

Attorney(s) appearing for the Case

Richard A. Pluimer, Belle Fourche, for plaintiff and appellant.

Sarah Hirsch Wittmuss and James S. Nelson of Gunderson, Palmer, Goodsell & Nelson, Rapid City, for defendants and appellees.

KONENKAMP, Justice (on reassignment).

[¶ 1.] By statute, the mayor in an aldermanic-governed municipality has the authority to remove officers the mayor appointed. Clifford L. Linn, the mayor of Sturgis, summarily fired the city finance officer during her one-year term. The city has a personnel policy outlining legal procedures fordischarging employees, but it was not followed. The finance officer brought suit. In granting summary judgment for the mayor and the...

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