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HEINEMEYER v. HEARTLAND CONSUMERS POWER DIST.

No. 24717.

757 N.W.2d 772 (2008)

2008 SD 110

Jeffrey Ray HEINEMEYER, Plaintiff and Appellee, v. HEARTLAND CONSUMERS POWER DISTRICT, and Jerry Micheel, Merlin Van Walleghen, Jean Rave, Gary Olson, Edward Lamers, Dan O'Connor, Milton Freier, Roger Fritz, and Ron Anderson, as members of the Board of Directors of Heartland Consumers Power District, Defendants and Appellants.

Supreme Court of South Dakota.

Decided November 12, 2008.

Attorney(s) appearing for the Case

Wilson Kleibacker of Lammers, Kleibacker & Brown, LLP Madison, South Dakota, Attorneys for plaintiff and appellee.

Richard D. Casey and Ryland Deinert of Lynn, Jackson, Shultz & Lebrun, PC, Sioux Falls, South Dakota, Attorneys for defendants and appellants.

BROWN, Circuit Judge.

[¶ 1.] Heartland Consumers Power District (Heartland) appeals from an order and writ of mandamus finding that Jeffrey Ray Heinemeyer (Heinemeyer) was legally qualified to serve on the Heartland Consumers Power District Board of Directors (the Board) and requiring the Board to seat Heinemeyer on the Board. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] Heartland is a public corporation and political subdivision...

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