Legal Opinion

State ex rel. Bowen v. Board of Com'rs

South Dakota Supreme Court

Decided February 9, 1910PublishedCited by 2 opinions

Appeal from Circuit Court, Minnehaha County. Hon. Joseph W. Jones, Judge. Certiorari by the State, on relation of George W. Bowen, against the Board of Commissioners of the City of Sioux Falls. Judgement for relator, and the Board appeals.

1Opinion of the CourtMc'COY, J.

This is a proceeding in certiorari instituted by George W. Bowen, against the Board of Commissioners of the City of Sioux Falls, involving the validity of certain special assessments for grading an avenue .in said city. Judgment was rendered and entered holding said special assessment to- be irregular, and contained an order annulling and canceling the same.

It is first contended by appellant that certiorari is not a proper remedy to review the past acts of ¡said commissioners, after the work of such grading .had been fully completed, without objection or protest from interested property…

2Cases cited3 opinions

  1. State ex rel. Dollard v. Board County CommissionersSouth Dakota Supreme Court · 1890
  2. State ex rel. Clark v. StakkeSouth Dakota Supreme Court · 1908
  3. Brandhuber v. City of PierreSouth Dakota Supreme Court · 1907

3Cited by2 opinions

  1. City of Brookings v. Associated Developers, Inc.South Dakota Supreme Court · 1979
  2. LeRoy v. Rapid CitySouth Dakota Supreme Court · 1972

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