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OKERSON v. COMMON COUNCIL OF HOT SPRINGS

No. 24978.

767 N.W.2d 531 (2009)

2009 SD 30

Deborah and Darnell OKERSON, Petitioners and Appellants, v. The COMMON COUNCIL OF the CITY OF HOT SPRINGS, Carl Oberlitner, in his Capacity as Mayor, and Cheryl Wait, in her Capacity as City Finance Officer, all in their Representative Capacities and Including any Successors in Interest, Respondents and Appellees.

Supreme Court of South Dakota.

Decided April 29, 2009.

Attorney(s) appearing for the Case

Courtney R. Clayborne of Clayborne, Loos, Strommen & Sabers, LLP, Rapid City, S.D., for petitioners and appellants.

James G. Sword of Farrell, Farrell and Ginsbach, PC, Hot Springs, S.D., for respondents and appellees.

KONENKAMP, Justice.

[¶ 1.] Deborah and Darnell Okerson petitioned the circuit court for a writ of mandamus to compel the Common Council of the City of Hot Springs, the Mayor and City Finance Officer (collectively Council) to submit to the voters a referendum on the settlement of a lawsuit concerning the construction of an addition to the golf course in the City of Hot Springs. The circuit court denied the writ. Because the stipulated facts presented to the circuit...

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