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HAWLEY v. CITY OF HOT SPRINGS

No. 12038.

276 N.W.2d 704 (1979)

Robert L. HAWLEY and Dorothy Hawley, Plaintiffs and Respondents, and Elmer Cwach and Dorothy Cwach, Plaintiffs, v. The CITY OF HOT SPRINGS, a Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

March 15, 1979.

Attorney(s) appearing for the Case

Robert L. Hawley, pro se.

Allen G. Wilson, Hot Springs, for defendant and appellant.

WOLLMAN, Chief Justice (on reassignment).

This action arises from the imposition of a special assessment for sewer improvements by the city of Hot Springs. Respondents' property involved in the assessment consisted of six lots abutting Highway No. 385 upon which were situated a house and a five-unit motel structure.1

The assessment of the costs of the sewer system in this situation is controlled by SDCL 9-48-43, which provides...

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