Aspen Storage Inc. v. Flanagan

ZINTER, Justice.

[¶ 1.] Brandon Flanagan acquired a deed to real property via a tax sale certificate. The circuit court held that the acquisition was void under SDCL 6-1-1 because Flanagan was a county commissioner at the time of the purchase and a county zoning administrator at the time of obtaining the tax deed. We affirm.

Facts and Procedural History

[¶ 2.] The relevant facts of this case are not in dispute. Aspen Storage, Inc. is the owner of real property, Mineral Survey # 166 (MS 166), in Lawrence County. On July 24, 2003, Flanagan, while serving as a Lawrence County Commissioner, acquired…