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BEHRENS v. CITY OF SPEARFISH

No. 10695.

175 N.W.2d 52 (1970)

Otto C. BEHRENS, Charles W. Capp, William M. Capp, Naomi Carl, Glen Collins, Alvin W. Golz, H. Ronald Halling, Joe B. Jorgenson, Anton J. Magelky, Art Millard, John H. Starling and Others Similarly Situated, Plaintiffs and Appellants, v. CITY OF SPEARFISH, South Dakota, a Municipal Corporation; Don Young, Mayor of the City of Spearfish, South Dakota; Dan Harrington, Auditor of the City of Spearfish, South Dakota; Julie Winter, Treasurer of the City of Spearfish, South Dakota; John Dunwoody; James Vorhees; Ernest Tetrault; Merle Hanson; Paul Dahl; and Tom Bell; Councilmen of the City of Spearfish, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

March 5, 1970.

Attorney(s) appearing for the Case

Hanley, Wallahan, Driscoll & Murray, Rapid City, for plaintiffs and appellants.

Gary R. Richards, Spearfish, Overpeck, Hamblin & Mueller, Belle Fourche, for defendants and respondents.

HANSON, Judge.

This is an action to restrain the City of Spearfish from operating or furnishing motel accommodations, cabin units, and rental sites for tents and trailers as part of its park facilities. The appealing plaintiffs are residents, taxpayers, and owners of motels, lodges, and cabins in Spearfish. They contend the city has no express or implied power to own or operate a cabin or tourist camp.

The City of Spearfish is located at the northern edge...

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