HERRMANN v. BD. OF COM'RS OF CITY OF ABERDEEN

No. 12642.

285 N.W.2d 855 (1979)

Frederick A. HERRMANN, Sr., and Frederick Herrmann Associates, Inc., Plaintiffs and Appellants, v. The BOARD OF COMMISSIONERS OF the CITY OF ABERDEEN, State of South Dakota, and Jeff Solem, Allen Gates, Robert Nikolas, Henry Lussem, and Dean Driscoll, constituting the Members of said Board, Defendants and Respondents.

Supreme Court of South Dakota.

Decided December 12, 1979.

Rehearing Denied January 17, 1980.


Attorney(s) appearing for the Case

Joseph G. Rimlinger, Pfeiffer & Rimlinger, Aberdeen, for plaintiffs and appellants.

Charles B. Kornmann, Richardson, Groseclose, Kornmann & Wyly, Aberdeen, for defendants and respondents.


FOSHEIM, Justice.

This is an appeal from a judgment of the circuit court which denied the application of appellants for a writ of mandamus to open a dedicated public alley. We reverse.

In 1959, the owners of the land in question recorded an approved plat for an addition to the City of Aberdeen, wherein this alley was dedicated. Thereafter, Mr. and Mrs. Jacob Grismer and Frederick Herrmann Associates, Inc. acquired title to abutting lots in Block 2 of this...

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