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#24978-a-JKK 2009 SD 30 IN THE SUPREME COURT OF THE STATE OF SOUTH DAKOTA * * * * DEBORAH AND DARNELL OKERSON, 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, * * * * APPEAL FROM THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT FALL RIVER COUNTY, SOUTH DAKOTA * * * * HONORABLE JEROME A. ECKRICH, III Judge * * * * COURTNEY R. CLAYBORNE of Clayborne, Loos, Strommen & Sabers LLP Rapid City, South Dakota JAMES G. SWORD of Farrell, Farrell and Ginsbach PC Hot Springs, South Dakota * * * * CONSIDERED ON BRIEFS FEBRUARY 17, 2009 OPINION FILED 4/29/09 Attorneys for petitioners and appellants. Attorneys for respondents and appellees. Petitioners and Appellants,

Respondents and Appellees.

#24978 KONENKAMP, Justice [

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