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SMITH v. CITY OF RAPID CITY

No. 13072.

307 N.W.2d 598 (1981)

F. Pitkin SMITH, Mary W. Avant, et al., Plaintiffs and Appellees, v. CITY OF RAPID CITY, A Municipal Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 24, 1981.

Attorney(s) appearing for the Case

Wayne F. Gilbert of Gunderson, Farrar, Aldrich, Warder & DeMersseman, Larry M. Von Wald, Rapid City, for plaintiffs and appellees; James H. Wilson of Wilson, Bottum, Olson, Goodsell & Nash, Rapid City, on the brief.

Ray E. Woodsend, City Atty., and Kenneth L. Heisterkamp of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, for defendant and appellant; James S. Nelson of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Rapid City, on the brief.

BERNDT, Circuit Judge.

This appeal involves an attempt by the city of Rapid City, defendant and appellant, to annex an area in which plaintiffs and appellees reside or have a property interest. Plaintiffs challenged the validity of the city's annexation resolution and sought to enjoin the city from enforcing the resolution. The trial court concluded that the city had failed to fulfill certain statutory requirements and declared the annexation resolution void, permanently...

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