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NICOLA v. TOWN OF BRANDT

No. 9284-a.

54 N.W.2d 564 (1952)

Charles W. NICOLA and Hilda Nicola, Plaintiffs and Appellants, v. TOWN OF BRANDT, a Municipal Corporation, lying and being within Deuel County, South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

August 25, 1952.

Attorney(s) appearing for the Case

Law & Law, Clear Lake, for plaintiffs and appellants.

Gunderson & Gunderson, Clear Lake, and Loucks, Oviatt & Bradshaw, Watertown, for defendant and respondent.

PER CURIAM.

This is a proceeding under SDC 45.29 to detach agricultural land from the town of Brandt, Deuel county, South Dakota. The plaintiff owner has appealed from a judgment refusing to exclude his property.

Under a factual situation which cannot be distinguished from that revealed by this record, this court held in Neeman v. Town of Chancellor, 54 S.D. 573, 223 N.W. 938, it was not at liberty to disturb the...

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