Hogan v. Garden County

Kelly M. Hogan, a former county attorney, appeals the district court’s order that denied him compensation when he was wrongly removed from office. The court determined that payment by the county to the de facto officers who replaced Hogan during that period was a defense to Hogan’s lawsuit. We agree that payment by a governmental body to a de facto officer is a defense to suit brought by the de jure officer for payment of salary and benefits when he or she was removed from office. Accordingly, we affirm.

BACKGROUND

The parties stipulated to the following facts: In December 1993, the Garden…