CHICAGO, M., ST. PAUL & P. R. CO. v. BD. OF COM'RS

No. 11584.

248 N.W.2d 386 (1976)

CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Petitioner and Appellant, v. The BOARD OF COMMISSIONERS OF WALWORTH COUNTY, South Dakota, et al., Respondents.

Supreme Court of South Dakota.

December 31, 1976.


Attorney(s) appearing for the Case

Lloyd C. Richardson, Jr., and Chester A. Groseclose, Jr., of Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for petitioner and appellant.

Robert R. Slocum, Walworth County State's Atty., A. N. Buckmeier, of Bormann & Buckmeier, Mobridge, for respondents.


EVANS, Circuit Judge.

This is an appeal from a judgment denying appellant's application for a writ of mandamus. The writ sought to require Walworth County to pay or make provisions to satisfy a judgment previously entered by the circuit court in an appeal from the State Board of Equalization, fixing the 1967 valuation of appellant's operating property.

Appellant is a railroad company subject to the central assessment of its operating property for taxation...

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