City of Mission v. Abourezk

In this action for declaratory relief the city of Mission, South Dakota (city), sought to have a contract for deed declared null and void and to recover a down payment it had made. A subsequent referendum election had rejected the city council’s resolution to purchase the real estate. The circuit court concluded that the election proceedings were valid, declared the contract for deed null and void and permitted the city to recover its down payment. In addition to the relief granted to the city the circuit court allowed appellants a set-off for rent of $340 per month from the date of the…