ABERLE v. CITY OF ABERDEEN

Nos. 23785, 23827.

718 N.W.2d 615 (2006)

2006 SD 60

Joel ABERLE, Plaintiff and Appellant, v. CITY OF ABERDEEN, a Municipality, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 5, 2006.


Attorney(s) appearing for the Case

Drew C. Johnson, Johnson Law Office, Aberdeen, South Dakota, Attorney for plaintiff and appellant.

Mark A. Anderson, Aberdeen, South Dakota, Attorney for defendant and appellee.


GILBERTSON, Chief Justice.

[¶ 1.] Joel Aberle, an employee of the City of Aberdeen, was terminated by the City and filed a wrongful termination suit. On a motion for partial summary judgment, the circuit court found Aberle was not an at-will employee as an implied employment contract existed, and that Aberle was wrongfully terminated in violation thereof. A bench trial on the issue of damages resulted in an award for past damages, and in lieu of future damages...

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