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PLUIMER v. CITY OF BELLE FOURCHE

No. 19282.

549 N.W.2d 202 (1996)

1996 SD 65

Wayne PLUIMER, Plaintiff and Appellant, v. CITY OF BELLE FOURCHE, a Municipal Corporation, Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 5, 1996.

Attorney(s) appearing for the Case

Dwight A. Gubbrud of Carr & Pluimer Belle Fourche, for plaintiff and appellant.

Wesley W. Buckmaster of Buckmaster & Macy Belle Fourche, for defendant and appellee.

SABERS, Justice.

[¶ 1] The trial court affirmed the City's right to assess the cost of constructing a sidewalk against Pluimer and he appeals. We affirm.

FACTS

[¶ 2] On August 2, 1957, a plat was recorded of Lot H-3 in Belle Fourche, South Dakota. Lot H-3 was surveyed and platted for the relocation of U.S. Highway 85. Lot H-3 was conveyed by warranty deed from Harry, Clifford, Lloyd, and Doris Gay and Patricia Frank to the State. The deed...

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