PIERRE - A Lawrence County man cannot claim property taken from another man for failing to pay his taxes, the South Dakota Supreme Court ruled unanimously Thursday.

Brandon Flanagan was the county planning and zoning administrator when he first obtained a tax deed in 2003 to land in Deadwood that police once used as a shooting range.

After obtaining a deed to the property from Lawrence County, Flanagan asked Aspen Storage, an adjacent landowner, for an easement to cross its property.

Although city employees were given permission by a previous owner in 1980 to cross Aspen's property, the storage firm rejected Flanagan's request and went to court to ensure that he could not gain an easement.

Aspen argued that Flanagan did not own the adjoining land because state law prohibited it.

The transaction was voided by a circuit judge who ruled that county officials cannot buy real estate that is seized and sold to satisfy tax delinquencies.

Flanagan appealed that decision to the state Supreme Court, which ruled in 2005 that he could not obtain the land while he was a county official because that was a conflict of interest barred by state law.

While that appeal was pending, Flanagan obtained the deed to the land from Craig Hayes, the man whose property taxes were in arrears. Aspen again filed a lawsuit, asserting that Flanagan could not legally obtain the property because it was owned by the county - not by Hayes.

Flanagan argued that he got the land from Hayes - not the county. But a circuit judge again ruled against him.

Upholding Judge Warren Johnson, the state Supreme Court said Flanagan could not obtain land indirectly that he could not get directly.