STURGIS, S.D. – Fourth Circuit Court Judge Kevin Krull provided the city of Sturgis a big win Monday, siding with their argument that a petition that was turned in this past December was invalid.
A group calling themselves Sturgis Citizens for Change circulated petitions to change the city form of government from the current aldermanic with a city manager form of government, to an aldermanic form of government without a city manager.
The Sturgis city attorney, Mark Marshall, argued the petition was invalid because according to South Dakota Codified Law, the employment of a city manager is not a “form of government” but is instead a special power granted to a municipality.
Judge Krull agreed, saying SDCL states there are two forms of government – an aldermanic and form of commissioners. He says a city manager can serve under each form of government and the petition was asking for something that couldn’t be done – and that was to get rid of the city manager.
Krull stated there are ways of terminating a city manager, but this was not a lawful way.
In granting the city’s Summary of Judgement, Judge Krull denied the group’s Writ of Mandamus, filed shortly after learning of the city’s position on the petition. The Writ of Mandamus sought to force the city to validate the petitions and schedule an election.
Sturgis City Attorney Mark Marshall, speaking to KBHB after the ruling, had no comment, other than to say the petitioners lost as “a matter of law.”
Kellen Willert, Attorney for Sturgis Citizens for Change, said they will be “evaluating our options going forward.”
