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EMPEY v. RAPID CITY

No. 9782.

103 N.W.2d 861 (1960)

Catherine B. EMPEY, on behalf of herself and all others similarly situated, Plaintiffs and Appellants, v. RAPID CITY, a Municipal Corporation, Henry Baker as Mayor, and R. R. Lang, as Auditor of said City, Defendants and Respondents.

Supreme Court of South Dakota.

June 28, 1960.

Attorney(s) appearing for the Case

Gunderson, Farrar & Carrell, Rapid City, for plaintiffs and appellants.

Leonard E. Morrison, City Atty., Rapid City, for defendants and respondents.

PER CURIAM.

Acting under SDC 45.17 and 45.21 Rapid City graded, curbed and paved described streets. To defray the cost thereof it levied assessments against abutting property and proposed to issue bonds in lieu of assessment certificates. Plaintiff, an owner of abutting property against which assessments were so levied, brought this action, on behalf of herself and others similarly situated, to have the assessments declared invalid, and to enjoin the sale of the bonds...

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