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CITY OF ABERDEEN v. RICH

Nos. 21385, 21397, 21413.

625 N.W.2d 582 (2001)

2001 SD 55

CITY OF ABERDEEN, Plaintiff and Appellant, v. Timothy RICH, Thomas Tobin, Roger Huff, Huff Development Corporation, a South Dakota Corporation, and Sea Corporation, a South Dakota Corporation, Defendants and Appellees.

Supreme Court of South Dakota.

Decided May 2, 2001.

Attorney(s) appearing for the Case

Mark V. Meierhenry and Robin Jacobson Houwman of Danforth, Meierhenry & Meierhenry, Sioux Falls, SD, Attorneys for plaintiff and appellant City of Aberdeen.

Rollyn Samp of Samp Law Offices, Sioux Falls, SD, Attorneys for defendant and appellee Timothy Rich.

Thomas Tobin of Tonner, Tobin & King, Aberdeen, SD, Pro se for defendant and appellee Huff Development, Inc.

Mark Barnett, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, SD, Attorneys for State of South Dakota as amicus curiae.

TUCKER, Circuit Judge.

[¶ 1.] The City of Aberdeen (City) brought this declaratory judgement action against defendants to determine if two separate land transactions with City should be declared null and void due to an interest in the transactions by the city mayor in violation of SDCL 6-1-1. SDCL 6-1-1 provides in pertinent part:

It shall be unlawful for any officer of a county, municipality, township or school district who has been elected or appointed...

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