Brown v. City of Yankton

SABERS, Justice.

Marlow Brown (Brown) claims his damages for wrongful discharge under the South Dakota Veteran’s Preference Statute (SDCL ch. 3-3) should be measured from date of dismissal rather than date of application for relief.

Facts

Brown was hired as a custodian by the City of Yankton (City) in mid-1979. He was employed by the City on an indefinite basis until his dismissal on July 16, 1985. 1 City knew that Brown was an honorably discharged veteran of the Korean Conflict, but failed to comply with SDCL 3-3-4 in dismissing Brown from his employment. 2

Brown brought suit against the City…