BLACK HILLS CENT. R. CO. v. HILL CITY

No. 22626.

674 N.W.2d 31 (2003)

2003 SD 152

BLACK HILLS CENTRAL RAILROAD CO., a South Dakota Corporation, Plaintiff and Appellee, v. CITY OF HILL CITY, a South Dakota Corporation, Defendant and Appellant.

Supreme Court of South Dakota.

Decided December 30, 2003.


Attorney(s) appearing for the Case

James F. Margadant of Margadant Law Office, Rapid City, for plaintiff and appellee.

Lynn A. Moran, Custer, for defendant and appellant.


ROEHR, Circuit Judge.

[¶ 1.] The circuit court granted the application of Black Hills Central Railroad Co. (Railroad) for a peremptory writ of mandamus requiring the City of Hill City (City) to approve Railroad's plat. City appeals. We affirm.

FACTS

[¶ 2.] Railroad owned several parcels of real property in City. City had a sewer main on Railroad's property pursuant to a license granted by Railroad in 1953. In the early 1990s, Railroad acquired...

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