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IN RE BROOKINGS SCHOOL DIST. SCHOOL BD.

No. 22496.

668 N.W.2d 538 (2003)

2003 SD 101

In the Matter of the Petition for WRIT OF CERTIORARI AS TO the WRONGFUL PAYMENTS OF ATTORNEY FEES MADE BY the BROOKINGS SCHOOL DISTRICT SCHOOL BOARD without legal authority.

Supreme Court of South Dakota.

Decided August 13, 2003.

Attorney(s) appearing for the Case

Thomas H. Harmon of Tieszen Law Office, Pierre, SD, for appellant School Board.

Ellie M. Vandenberg, Volga, SD, for appellee Taxpayers.

ZINTER, Justice.

[¶ 1.] Craig Culver, Leon Pesall, Marcia Williams, Henry Williams, Robert Thorson, Hugh Barnett, Robert Schwartz and Diane Culver (Taxpayers) obtained a writ of certiorari setting aside a Brookings School Board (Board) payment of legal fees. The Board had reimbursed two private citizens for the legal fees they incurred in their private legal action to overturn a decision of a school election recount board. The circuit court granted the writ,...

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