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ASPEN STORAGE, INC. v. LAWRENCE COUNTY

Nos. 24212, 24213.

737 N.W.2d 277 (2007)

2007 SD 66

ASPEN STORAGE, INC., Plaintiff and Appellee, v. LAWRENCE COUNTY and Craig R. Hayes, Defendants, v. Brandon Flanagan, Defendant, Third Party Plaintiff and Appellant, v. Raymond Hertel and Delores Hertel aka Eloise Hertel, Third Party Defendants. Aspen Storage, Inc., Plaintiff and Appellee, v. Brandon Flanagan, Defendant and Appellant, The City of Deadwood, a municipal corporation, and Lawrence County, Defendants.

Supreme Court of South Dakota.

Decided July 3, 2007.

Attorney(s) appearing for the Case

Jerry C. Rachetto, Deadwood, South Dakota, Attorney for appellees Aspen Storage, Inc.

Brandon Flanagan, Spearfish, South Dakota, Pro Se appellant.

KONENKAMP, Justice.

[¶ 1.] In Aspen Storage, Inc. v. Flanagan (Aspen I), 2005 SD 107, ¶ 10, 705 N.W.2d 863, 866, we affirmed the circuit court's judgment voiding a tax deed because a county official obtained it in violation of SDCL 6-1-1. However, while the appeal was pending, the county official acquired a quit claim deed from the owner of the same property. In a second suit, the circuit court voided the quit claim...

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