ASSOCIATED DEVELOPERS, INC. v. BJERKE

No. 13186.

307 N.W.2d 860 (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, Herald Tunheim and Patricia Tunheim, and Stuart J. Webster and Sharon H. Webster, for themselves and all other parties similarly situated, Plaintiffs and Appellees, v. Ronald BJERKE, Douglas Chittick, Manley Dotson, Orrin Juel and Paul Koepsell, as City Commissioners within and for the City of Brookings; and Boyce Smith, as City Finance Officer within and for the City of Brookings, and the City of Brookings, a Municipal Corporation, Defendants and Appellants.

Supreme Court of South Dakota.

Decided June 24, 1981.


Attorney(s) appearing for the Case

James E. Kessler of Erickson & Kessler, P. C., Brookings, for plaintiffs and appellees.

Alan F. Glover of Denholm & Glover, Brookings, for defendants and appellants; Todd D. Boyd, Brookings, on the brief.


WOLLMAN, Chief Justice.

The trial court entered judgment for appellees, declaring street assessments imposed by appellants null and void and ordered appellants to refund any moneys paid under the assessment plus interest. We affirm.

This appeal is the result of action taken by appellants subsequent to our decision in City of Brookings v. Associated Developers, Inc., 280 N.W.2d 97 (S.D.1979) (Brookings I).<...

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