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KOLDA v. CITY OF YANKTON

Nos. 26683, 26746.

852 N.W.2d 425 (2014)

2014 S.D. 60

Eric D. KOLDA, Plaintiff and Appellant, v. CITY OF YANKTON, a municipal corporation and the Yankton Police Department, Defendants and Appellees.

Supreme Court of South Dakota.

Decided August 6, 2014.

Attorney(s) appearing for the Case

Timothy R. Whalen , Lake Andes, South Dakota, Attorney for plaintiff and appellant.

Lisa Hansen Marso , Jason R. Sutton , Boyce, Greenfield, Pashby & Welk, LLP, Sioux Falls, South Dakota, Attorneys for defendants and appellees.

ZINTER, Justice.

[¶ 1.] The City of Yankton (the City) terminated Eric Kolda, a police officer, for violating police department policies. Kolda was notified of his termination by letter. Kolda appealed to the city manager. Following an evidentiary hearing, the city manager found cause for the disciplinary action and upheld the termination. Kolda then sued in circuit court, claiming wrongful discharge. On separate motions...

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