KREBS v. CITY OF RAPID CITY

No. 14348.

364 N.W.2d 128 (1985)

Alois J. KREBS; Jerrold L. Brown; Charles H. Lien; Kenneth Harris; Tracy Building Center; Gerald K. Miller; Joseph A. Krebs; Anthony S. Krebs; Richard A. Todd; Dakota Block Company; Dennis A. Rabe; Horst Masonry and Acoustical; Summit, Inc.; Barber Transportation Company; E.R. McBride; John M. Hillard; Dakota Steel and Supply Company; Paul C. Ness; M.W. Clarkson and C.W. Rand; Pete Lien and Sons, Inc.; and Edwin L. Hubbeling, Plaintiffs and Appellants. v. CITY OF RAPID CITY, Defendant and Appellee, and Donovan Rypkema, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided March 13, 1985.


Attorney(s) appearing for the Case

George A. Bangs of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for plaintiffs and appellants.

Kenneth L. Heisterkamp of Costello, Porter, Hill, Nelson, Heisterkamp & Bushnell, Robert R. Jackson, Rapid City, for defendant and appellee.

Richard E. Huffman, Rapid City, for intervenor and appellee.


McKEEVER, Circuit Judge.

The plaintiffs (appellants) sought to nullify the annexation of the Deadwood Avenue area to appellee, the City of Rapid City (city). The trial court found that the appellee had properly adopted the resolution of annexation for the Deadwood Avenue area and dismissed appellants' complaint. We affirm.

Prior to this case, the city had attempted to annex the identical area. That attempt resulted in appeal to this court. Smith v. City...

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