HALEY v. CITY OF RAPID CITY

Nos. 12373, 12374.

269 N.W.2d 398 (1978)

James HALEY and Ann Haley, Plaintiffs and Respondents, v. CITY OF RAPID CITY, a Municipal Corporation, and Clifford Nall, Defendants and Appellants.

Supreme Court of South Dakota.

Decided August 10, 1978.


Attorney(s) appearing for the Case

Joseph M. Butler, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and respondents.

Robert R. Jackson, Asst. City Atty., Rapid City, for defendant and appellant, City of Rapid City.

Autine Hansen, Rapid City, for defendant and appellant, Clifford Nall.


WOLLMAN, Justice.

The trial court entered a judgment that enjoined the city of Rapid City from opening an alley and that decreed that the alley is not a public way. The judgment also enjoined Clifford Nall from utilizing the alley. Both defendants have appealed. We reverse.

James and Ann Haley (respondents) are owners of a residential lot in Block 39, West Boulevard Addition, in the city of Rapid City. An alley borders respondents' property. This dispute centers...

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