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BROOKS v. CITY OF SOUTH SIOUX FALLS

No. 9522.

73 N.W.2d 339 (1955)

Ray S. BROOKS, Helen D. Brooks, Henry O. N. Metzger, Hope E. Metzger, Ella M. Haas, and Sioux Falls Airport Holding Company, Petitioners and Respondents, v. The CITY OF SOUTH SIOUX FALLS, Minnehaha County, South Dakota, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

December 7, 1955.

Attorney(s) appearing for the Case

J. B. Shultz, Sioux Falls, for defendant-appellant.

Boyce, Warren, Murphy & McDowell, Sioux Falls, for petitioners-respondents.

RENTTO, Judge.

This proceeding concerns the exclusion of land from the corporate limits of the city of South Sioux Falls. The governing body of the city refused to grant the exclusion requested by petitioners. A similar request was presented to the circuit court pursuant to SDC 45.2903. The hearing had in circuit court resulted in a judgment granting the exclusion. The city has appealed. It urges that the evidence was insufficient...

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