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BATIE v. CITY OF WEBSTER, DAY COUNTY

No. 10013.

122 N.W.2d 764 (1963)

Rex BATIE et al., Plaintiffs and Appellants, v. CITY OF WEBSTER, DAY COUNTY, South Dakota, a municipal corporation, Defendant and Respondent.

Supreme Court of South Dakota.

July 18, 1963.

Attorney(s) appearing for the Case

Bicknell, Holland & Delaney, Webster, for plaintiffs and appellants.

F. W. Noll, Aberdeen, for defendant and respondent.

HANSON, Presiding Judge.

This is a proceeding to exclude land from the City of Webster. The land is approximately one-half mile long east and west and 660 feet wide north and south located along the northwest boundary of the city. It is bounded on the south by U. S. Highway No. 12, on the east by State Highway No. 23, and on the west by a township road.

The area was originally all agricultural land located in the SW¼ of Section 26, Township 122 North...

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