(dissenting).
Crowleys bring a mandamus action to compel the School District, as the owner of surplus school property, to properly dispose of same in accordance with the statutory requirements of SDCL 13-21-6. School District defends on the basis that it no longer owns the surplus property. This defense depends on the validity of the quiet title action attempted by Trezona against the School District.1 However, this “quiet title action” is void on its face because no service of the summons and complaint was ever obtained on the School District. An admission of service by an attorney is simply insufficient to start an action. The admission of service must be signed by the party. This was openly conceded by School District’s counsel at oral argument.2 In addition, Trezona never even attempted to obtain service by publication of the summons and complaint on unknown defendants. Compliance with SDCL 15-6-4(d), which requires service upon a school board member is jurisdictional. It is basic law that a court does not obtain personal jurisdiction over an entity unless service of process is accomplished according to law. In re Gillespi, 397 N.W.2d 476 (S.D.1986). In *314Gillespi, this court held that the mailing of the process to the state’s attorney involved in the case simply was insufficient to bring the county treasurer under the jurisdiction of the court.3 Therefore, Trezona’s purported quiet title action was not binding on anyone, no jurisdiction was obtained, and it is void on its face.
In Crowley I, we held that Crowleys had no standing because their “right to purchase could not vest until the property was offered for sale by School District, therefore they can claim no interest at this time.” Crowley v. Trezona, 408 N.W.2d 332, 334 (S.D.1987) (emphasis added). Crowleys have now established that the School District has a duty to offer the surplus property for sale. They have standing at this time and are entitled to a decision on the merits. Therefore, the School District still owns the surplus school real estate and must dispose of same in accordance with the statutory requirements of SDCL 13-21.
Crowleys have a clear legal right to mandamus under SDCL 13-21-6 and as taxpayers of the School District. In Wood v. Waggoner, 67 S.D. 365, 293 N.W. 188 (1940), we stated:
This court is committed to the view that conduct prompted by misconstruction of the law constitutes “arbitrary action” or “abuse of discretion” justifying resort to mandamus, and this contention of appellants must therefore be overruled.
Id., 67 S.D. at 367, 293 N.W. at 189. In Breckweg v. Knochenmus, 81 S.D. 244, 133 N.W.2d 860 (1965), we stated:
[WJhere the refusal to perform a legal duty is arbitrary and captious, or is founded on an invalid ground, or one not warranted by law, the board is subject to direction by the court and mandamus will issue.
Id., 81 S.D. at 251, 133 N.W.2d at 864. In Smith v. Otter Tail Power Co., 80 S.D. 327, 123 N.W.2d 169 (1963), we stated:
Mandamus is a special proceeding as distinguished from an action. It will not issue where there is a plain, speedy and adequate remedy available in the ordinary course of law. Though issuance of a writ of mandamus is to a certain extent a matter of judicial discretion, a court cannot refuse a writ where one has a clear legal right with no other remedy to enforce it.
Id., 80 S.D. at 329-30, 123 N.W.2d at 170 (citations omitted).
The Crowleys have no plain, speedy, and adequate remedy available to them. If denied a writ of mandamus, they will be denied their rights under SDCL 13-21-6, and the taxpayers of the School District will not realize a tax savings from the sale of the surplus property. Crowleys have shown a clear legal right to a writ of mandamus and have no other remedy to enforce their rights.
The majority opinion blames Crowleys for involvement “in a series of cases reflecting a fixation on ... [their] part ... to get that one acre of land.” The fact is that Crowleys have never received a decision on the merits from our court system in the only case brought by them prior to this. As indicated below, Crowleys were secretly excluded from the “void” quiet title action. These facts and the improper imposition of sanctions create a most serious case of injustice.
*315The majority opinion leaves unanswered more questions than it answers.
1. Can a quiet title action not properly served on anyone actually quiet title to anything?
2. Who really owns the land? Who will issue a title opinion or a title insurance policy on this fiasco?
3. Are the school board and the individual school board members subject to liability for dereliction of duty to the county taxpayers?
4. Why doesn’t the school board do its duty and place this surplus school property for sale as required by SDCL 13-21-6?
5. Will anything short of such a sale ever bring real peace?
6. Did Crowleys really abuse the court system or vice versa?
The majority opinion concludes that sanctions were appropriate under SDCL 15-6-11(a) and (b). If the facts of these cases were really sufficient to justify sanctions against anyone, I would submit that Trezo-na, not Crowleys, is the most likely candidate. It was Trezona’s “secretive attempt at service,” without notice to Crowleys or the public taxpayers which caused the confusion and multiple suits. It troubles me that this “secretive attempt at service” may actually succeed and result in a fraud on the taxpayers of Lawrence County.
In summary, the School District failed to follow the statutory requirements of SDCL 13-21 when attempting to dispose of the surplus school real estate. The Crowleys have no relief other than mandamus. They have a clear right to mandamus both under SDCL 13-21-6 and as taxpayers of the School District. The School District has the legal power and responsibility to comply with SDCL 13-21. Therefore, the trial court erred in dismissing the mandamus petition and in imposing sanctions. We should reverse and remand for correct proceedings.
. The majority opinion asserts that the validity of the quiet title action is not properly before this court because Crowleys' pleadings did not specifically mention the validity of service in that action. However, “[a] complaint need not set down in detail all the particularities of a plaintiffs claim against a defendant." Westlake v. Lucas, 537 F.2d 857, 858 (6th Cir.1976); accord Morgan v. Pennsylvania General Ins. Co., 87 Wis.2d 723, 275 N.W.2d 660 (1979); Daley by Daley v. American Family Mut. Ins. Co., 355 N.W.2d 812 (N.D.1984). Instead, the complaint only need provide "the defendant fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 103, 2 L.Ed.2d 80, 85 (1957); accord Williams v. State, 405 N.W.2d 615 (N.D.1987); Northrup v. Farmland Industries, Inc., 372 N.W.2d 193 (Iowa 1985); Goins v. Ford Motor Co., 131 Mich.App. 185, 347 N.W.2d 184 (1983). In their complaint, Crowleys allege that the School District is the owner of the property at issue. Implicit within that allegation is a claim that the quiet title action was invalid. Moreover, in their objections to respondent’s findings of fact and conclusions of law, Crow-leys did specifically challenge the validity of the quiet title action, asserting that the court acquired no jurisdiction in that action due to improper service. In addition, the facts that render the quiet title action void appear in the files, and their truth has been challenged by no one. Neither the majority nor School District’s counsel have questioned their correctness.
. Q: You recognize that’s not appropriate service, don’t you?
A: Yes, I do.
. In writing for the Gillespi court, Justice Miller stated:
Admittedly, the state's attorney is counsel for all county officials. SDCL 7-16-9. Service of the appropriate motions and pleadings contemplated by SDCL 15-6-5 could certainly be made upon the state’s attorney once Beadle County is a party. However, SDCL 15 — 6—5(b) specifically states that "The provisions of § 15-6-5 shall not apply to the service of a summons or other process or of any paper to bring a party into contempt.”
In order for the trial court to have jurisdiction in these contempt proceedings, personal service upon Beadle County and the Beadle County Treasurer under the provisions of SDCL 15-6-4(d)(4)(i) was mandatory. Because this service is absent, jurisdiction is totally lacking.
Gillespi, supra at 477-78 (emphasis omitted). Justice Henderson, concurring specially, stated: "Therefore, the right and power of the lower court to adjudicate concerning the subject matter never came into existence because the proceeding was, inceptually, fatally flawed." Id. at 478. The majority opinion would have us impliedly reverse Gillespi, or at least sidestep it.