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BRECKWEG v. KNOCHENMUS

No. 10166.

133 N.W.2d 860 (1965)

Ray T. BRECKWEG, Grace M. Breckweg, Robert H. Chambers, Shirley M. Chambers, and Phillips Petroleum Company, a Delaware Corporation, Plaintiffs and Respondents, v. Albert G. KNOCHENMUS, Curtis Eggers and Morris M. Olen, Individually and as Supervisors of Mapleton Township, Minnehaha County, South Dakota, Defendants and Appellants, and Mr. and Mrs. Richard C. May, Mr. and Mrs. Jim Dietz, Mr. and Mrs. Edward R. Sterner, Mr. and Mrs. Edward Behrends, Mr. and Mrs. Reuben Dahl, Mr. and Mrs. Gerald J. Underberg, Mr. and Mrs. Duane M. Miller, and Mr. and Mrs. Thomas Terry, Intervenors and Appellants.

Supreme Court of South Dakota.

March 16, 1965.

Attorney(s) appearing for the Case

John P. McQuillen, Sioux Falls, for Township Board, defendants and appellants.

Danforth, Danforth & Johnson, Sioux Falls, for intervenors and appellants.

Richard Hopewell, Davenport, Evans, Hurwitz & Smith, Sioux Falls, for plaintiffs and respondents.

HOMEYER, Judge.

Plaintiffs-petitioners seek a writ of mandamus to compel the supervisors of Mapleton Township to issue them a building permit for erection of a gasoline filling station. Their property is situated about three miles north of the corporate limits of the city of Sioux Falls on U.S. Highway 77 about 1/8th mile north of where such highway intersects Interstate Highway 90. From a judgment granting a peremptory writ, the township board and certain adjoining...

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