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BIG SIOUX TP. v. STREETER

Nos. 12398, 12401.

272 N.W.2d 924 (1978)

BIG SIOUX TOWNSHIP, A Civil Township, Sylvia Oothoudt and Robert F. Lawrence, Plaintiffs and Appellants, v. Albert STREETER, in his capacity as mayor of North Sioux City, South Dakota, and the City of North Sioux City, South Dakota, an Incorporated City in the State of South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

Decided December 29, 1978.

Attorney(s) appearing for the Case

R. J. Krueger, Jr., of Meierhenry, DeVany & Krueger, Vermillion, for plaintiffs and appellants.

Arthur L. Rusch, of Bogue, Weeks & Rusch, Vermillion, for defendants and respondents.

DUNN, Justice.

This case involves a suit brought by Big Sioux Township (Township) challenging the annexation of the McCook Lake area by North Sioux City, South Dakota (NSC). The trial court held that the annexation was valid in all respects. We reverse and remand.

The McCook Lake area is an unincorporated residential area to the northwest of NSC and is governed by the Township. The annexation procedure began on June 20, 1977, when the NSC common council passed...

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