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HUBBARD v. CITY OF PIERRE

No. 25312.

784 N.W.2d 499 (2010)

2010 SD 55

Wade and Lisa HUBBARD, et al., Plaintiffs and Appellees, v. CITY OF PIERRE, South Dakota, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 30, 2010.

Attorney(s) appearing for the Case

Charles P. Schroyer of Schmidt, Schroyer, Moreno, Lee & Bachand, PC, Pierre, South Dakota, Attorneys for plaintiffs and appellees.

Lindsey Riter-Rapp, Robert C. Riter, Jr. of Riter, Rogers, Wattier & Northrup, LLP, Pierre, South Dakota, Attorneys for defendant and appellant.

Larry A. Nelson of Frieberg, Nelson & Ask, LLP, Canton, South Dakota, E. James Hood of Hood & Nies, PC, Spearfish, South Dakota, Attorneys for amicus SD Municipal League.

MEIERHENRY, Justice.

[¶ 1.] Wade and Lisa Hubbard et al. (Petitioners) brought a declaratory judgment action against the City of Pierre, South Dakota. The Petitioners sought to enjoin the City from imposing special assessments for curb, gutter, and driveway replacements as part of a street reconstruction project. The Petitioners claimed that the City's special assessments were imposed in violation of the Fifth Amendment...

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