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IN RE MACKRILL'S ADDITION

No. 10770.

179 N.W.2d 268 (1970)

In the Matter of the Vacation of a Portion of the Plat of Blocks One (I) and Four (4) of MACKRILL'S ADDITION to the Town, now CITY, OF WALL, PENNINGTON COUNTY, South Dakota.

Supreme Court of South Dakota.

September 1, 1970.

Attorney(s) appearing for the Case

Sieler & Sieler, Rapid City, for petitioners and appellants.

Costello, Porter, Hill, Banks, & Nelson, Rapid City, for objectors and respondents.

RENTTO, Judge.

While this proceeding is entitled as seeking the vacation of a portion of the plat of an addition to a townsite it is, in effect, one seeking the vacation of a portion of a street. After a hearing at which petitioners and objectors were heard, the city not appearing, the court denied the relief requested. Petitioners appeal.

The plat of the addition involved was duly filed June 23, 1910. In April of the following year the governing board of...

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