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VERRY v. CITY OF BELLE FOURCHE

No. 20714.

598 N.W.2d 544 (1999)

1999 SD 102

Darlene VERRY, Plaintiff and Appellee, v. CITY OF BELLE FOURCHE, a municipal corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 28, 1999.

Attorney(s) appearing for the Case

Leroy Hill, Belle Fourche, attorney for plaintiff and appellee.

Barton R. Banks of Banks, Johnson, Colbath & Kerr, Rapid City, attorneys for defendant and appellant.

Thomas H. Frieberg of Frieberg, Rudolph & Nelson, Beresford, attorneys for Amicus South Dakota Municipal League.

MILLER, Chief Justice.

[¶ 1.] In this appeal we affirm the circuit court and hold that the statutory scheme does not permit a municipality to mandate involuntary annexation as a condition to providing city water and sewer services.

FACTS

[¶ 2.] Although Verry lives outside the city limits of Belle Fourche, her home is within 200 feet of City's sewer and water mains. She claims that in December 1997 the South Dakota State Plumbing Commission...

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