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LeROY v. RAPID CITY

No. 10947.

193 N.W.2d 598 (1972)

Morgan F. LeROY et al., Plaintiffs and Appellants, v. RAPID CITY, a Municipal Corporation, Defendant and Respondent.

Supreme Court of South Dakota.

January 13, 1972.

Attorney(s) appearing for the Case

Horace R. Jackson, of Whiting, Lynn, Jackson, Freiberg & Shultz, Rapid City, for plaintiffs and appellants.

James W. Olson of Wilson, Gundersen & Olson, Rapid City, for defendant and respondent.

PER CURIAM.

The question presented by this appeal is the power of the court to order and the city to make a reassessment of abutting property to pay for a completed public improvement when special assessments purportedly made to pay the city's share of the improvement are void.

On May 17, 1965, the common council of the city of Rapid City passed a resolution deeming it advisable to pave a part of South Canyon Road within city limits. The proposed improvement...

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