HANKS v. CORSON COUNTY BD. COM'RS

No. 23054.

694 N.W.2d 698 (2005)

2005 SD 38

Curtis W. HANKS, Plaintiff and Appellee, v. CORSON COUNTY BOARD OF COMMISSIONERS, Defendant and Appellant.

Supreme Court of South Dakota.

Reassigned December 13, 2004.

Decided March 16, 2005.


Attorney(s) appearing for the Case

Eldon R. Anson, Curtis W. Hanks of Hanks & Anson, Lemmon, South Dakota, Attorneys for plaintiff and appellee.

Thomas E. Simmons of Gunderson, Palmer, Goodsell & Nelson, L.L.P., Rapid City, South Dakota, Attorney for defendant and appellant.


MEIERHENRY, Justice (on reassignment).

[¶ 1.] The Corson County Board of Commissioners (Board) appeals the decision of the circuit court concerning the validity of a contract the Board entered into with a private law firm. The sole issue is whether the Board had legal authority to contract with an attorney for representation in civil matters on behalf of the county despite having a duly elected state's attorney. The circuit court found that the Board did not...

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