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JACKSON v. BOARD OF COUNTY COMMISSIONERS, ETC.

No. 9592.

81 N.W.2d 686 (1957)

R. J. JACKSON, Plaintiff and Appellant, v. BOARD OF COUNTY COMMISSIONERS FOR PENNINGTON COUNTY, South Dakota; and Martin F. Collins; Emrey L. Whitehead; Martin Ellingson; Arthur C. Ham; and Archie N. MacVicar, Members of the Board of County Commissioners for Pennington County, South Dakota, Defendants, and H. F. Fellows, Intervener and Respondent.

Supreme Court of South Dakota.

March 6, 1957.

Attorney(s) appearing for the Case

Hanley & Costello, Rapid City, for plaintiff and appellant.

H. F. Fellows and Roswell Bottum, Rapid City, for intervener and respondent.

ROBERTS, Judge.

Plaintiff in his complaint for writ of mandamus alleges that he is the owner of a tract of land having no access to a public highway; that the tract containing at least five acres is intended to be used for residential purposes; that on December 7, 1955, plaintiff made application to defendant commissioners of Pennington County to acquire an easement or right of way across adjacent land to reach a public highway, a copy of which application is attached...

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