LEONARD McELHANEY v. CITY OF EDGEMONT

GILBERTSON, Chief Justice.

[¶ 1.] In McElhaney v. Anderson (McElhaney I), we reversed and remanded the circuit court’s decision which re*443stored Leonard McElhaney (McElhaney), former Street and Water/Utilities Superintendent for the City of Edgemont (City), to his appointed position. 1999 SD 78, ¶ 16, 598 N.W.2d 203, 207. In our holding, we found that McElhaney had adequate alternative remedies through the South Dakota Department of Labor (DOL). Id. However, in the DOL proceedings, McEl-haney’s claims were ultimately dismissed, which the Seventh Judicial Circuit later affirmed. As a result,…