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ROBY v. CITY OF MITCHELL

14936.

382 N.W.2d 37 (1986)

Ray L. ROBY, Plaintiff and Appellant v. CITY OF MITCHELL, Davison County, South Dakota; Clarence J. Toman; Dorothy M. Toman; Harold E. Schlimgen; DeVon B. Schlimgen; Robert H. Spensley; Margaret L. Spensley; Floyd Briggs; Dennis L. Berg; and JoAnn M. Berg, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 19, 1986.

Attorney(s) appearing for the Case

E. Steeves Smith of Tinan, Padrnos, Smith & Taylor, Mitchell, for plaintiff and appellant.

Carl J. Koch, Mitchell, for defendant and appellee City of Mitchell.

Lee D. Anderson of Hanson, Stiles, Anderson & Swank, Mitchell, for defendants and appellees Toman, Schlimgen, Spensley and Berg.

HEEGE, Circuit Judge.

Plaintiff commenced this action against the City of Mitchell and the owners of property adjoining the east two hundred feet of the alley bisecting Block 14 in M.H. Rowley's Second Addition to the City of Mitchell, claiming that the vacation of the east two hundred feet of the alley by the city commission was improper.

The trial court entered a judgment dismissing plaintiff's action and determining that the vacation of the part of the...

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