Sorenson v. Rickman

I dissent because the majority opinion overrules longstanding settled law of this state. First, whether plaintiff had a plain, speedy, and adequate remedy in the ordinary course of law is a legal question rather than a factual question, and as such, is fully reviewable by this court. Permann v. Dept. of Labor, Unemp. Ins. Div., 411 N.W.2d 113, 117 (S.D.1987). Second, a contest provided by SDCL 12-22-1 does not provide a remedy for an elector or taxpayer to prohibit the illegal expenditure of public funds on a void election (The trial court found the petitions for referendum are defective…