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CITY OF ABERDEEN v. RICH

Nos. 22321, 22328.

658 N.W.2d 775 (2003)

2003 SD 26

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

Supreme Court of South Dakota.

Decided March 5, 2003.

Attorney(s) appearing for the Case

Robin Jacobson Houwman of Danforth, Meierhenry & Meierhenry Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Richard L. Russman of Rice, Ewinger & Russman Aberdeen, South Dakota, Attorneys for defendants and appellants Rich, Tobin and SEA Corporation.

Bruce Cutler of Thurow, Cutler & Batteen Aberdeen, South Dakota Development, Attorneys for defendants Huff and Huff.

ENG, Circuit Judge.

[¶ 1.] This case stems from two land transactions between the City of Aberdeen (City) and: former mayor Timothy Rich; former city attorney Thomas Tobin; Roger Huff and Huff Development, Inc.; and, SEA, Inc. City brought a declaratory judgment action against Rich, Tobin, Huff, Huff Development and SEA to determine whether the two land transactions should be declared null and void due to violations of SDCL 6-1-1. In a previous appeal, this Court...

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