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CITY OF RAPID CITY v. ANDERSON

No. 21095.

612 N.W.2d 289 (2000)

2000 SD 77

CITY OF RAPID CITY, Plaintiff and Appellant, v. William ANDERSON, Stanley W. Scheurer, Individually, and Marlys Faber, in her capacity as Register of Deeds, Pennington County, South Dakota, Defendants and Appellees, Marlys Faber, in her capacity as Register of Deeds, Pennington County, Third Party Plaintiff and Appellee, v. City of Box Elder, a municipal corporation of the State of South Dakota, Third Party Defendant and Appellee.

Supreme Court of South Dakota.

Decided June 14, 2000.

Attorney(s) appearing for the Case

Robert R. Jackson, City Attorney, Rapid City, for appellant.

Robert M. Nash of Wilson, Olson, Nash & Becker, Rapid City, for appellees Anderson and Scheurer.

Glenn A. Brenner and Ronald D. Buskerud, Pennington County States Attorney, Rapid City, for appellee Faber.

Rexford A. Hagg of Whiting, Hagg & Hagg, Rapid City, for appellee City of Box Elder.

AMUNDSON, Justice.

[¶ 1.] City of Rapid City, South Dakota (Rapid City) appeals the declaratory judgment holding that the City of Box Elder, South Dakota (Box Elder) had jurisdiction to approve a subdivision plat. We affirm in part, reverse and remand in part.

FACTS

[¶ 2.] In July of 1998, William Anderson (Anderson) and Stanley Scheurer (Scheurer) filed a plat to subdivide seven acres of their real property into five lots. The property...

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