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ASSOCIATED DEVELOPERS, INC. v. CITY OF BROOKINGS

No. 12939.

305 N.W.2d 848 (1981)

ASSOCIATED DEVELOPERS, INC., Brookings International Life Insurance Company, Brookings Mall, Inc., Dale G. Svennes Construction Company, Inc., Gilbert Erickson and Alene Erickson, First National Bank In Brookings, Four Sisters Inc., Peter Hauff, Gene R. Hurst and Roger W. Anderson Trust, Robert A. Larkin and Janice M. Larkin, Gust M. Liebelt, Mid-Continent Developers, Inc., Paul E. Moriarty, Homer Osvog, Paul Prussman, Rose Marie Ramey, Harvey A. Schroeder and Alethea M. Schroeder, Robert S. Sexauer, the Sexauer Company, Jerald Tunheim and Patricia Tunheim, and Stuart J. Webster and Sharon H. Webster, for themselves and all other parties similarly situated, Plaintiffs and Appellants, v. CITY OF BROOKINGS, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided May 20, 1981.

Attorney(s) appearing for the Case

James E. Kessler of Erickson & Kessler, Brookings, for plaintiffs and appellants.

Alan F. Glover of Denholm & Glover, Brookings, for defendant and appellee.

PER CURIAM.

On June 26, 1978, certain street assessments imposed by the city of Brookings, South Dakota, were declared null and void. The City was ordered to refund, with interest, any assessments paid.

After this Court affirmed the trial court judgment,* a dispute arose concerning the amount of interest to be paid to those property owners receiving a refund. The trial court ordered that the interest be paid at a rate of six percent...

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