ASPEN STORAGE INC. v. FLANAGAN

Nos. 23632, 23642.

705 N.W.2d 863 (2005)

2005 SD 107

ASPEN STORAGE INC., Plaintiff and Appellee, v. Brandon FLANAGAN, Defendant and Appellant, and The City of Deadwood, a Municipal Corporation, and Lawrence County, Defendants.

Supreme Court of South Dakota.

Decided October 26, 2005.


Attorney(s) appearing for the Case

Jerry C. Rachetto, Rachetto Law Office, Deadwood, South Dakota, Attorney for plaintiff and appellee.

Daniel R. Gukeisen of Clayborne & Loos, Rapid City, South Dakota, Attorneys for defendant and appellant.


ZINTER, Justice.

[¶ 1.] Brandon Flanagan acquired a deed to real property via a tax sale certificate. The circuit court held that the acquisition was void under SDCL 6-1-1 because Flanagan was a county commissioner at the time of the purchase and a county zoning administrator at the time of obtaining the tax deed. We affirm.

Facts and Procedural History

[¶ 2.] The relevant facts of this...

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