STURGIS, S.D. – Fourth Circuit Judge Kevin Krull heard nearly two hours of testimony Friday regarding several motions related to a case filed against the city of Sturgis by three residents alleging the current form of city manager government is invalid.
Tammy and Justin Bohn and Brenda Vasknetz filed their lawsuit in March, asking for the court to nullify the 2007 election that set up the city manager’s office.
It follows an earlier ruling filed by the three that sought an election to eliminate the city manager’s position. Judge Krull struck down the lawsuit because of the way their petition was worded.
The most important motion is from the city – a motion to dismiss the case, saying the city complied with South Dakota law when the election was held and it gave the city the authority to hire a city manager. Furthermore, the city alleges the court lacks jurisdiction of subject matter in the case.
The defendant’s motion of summary judgement asks for the court to determine whether the 2007 election was legal when it set up the city manager. It also had a second count that asked the court to rule current city manager Daniel Ainslie pay back his salary, dating back to when he was hired in 2011. On Friday, attorney Kellen Willert told Judge Krull they wanted to drop that portion of the summary.
Judge Krull will take the motions he received Friday under advisement and issue a decision later.
