Bailey v. Mayor of Sioux Falls
South Dakota Supreme Court
Appeal from Circuit Court, Minnehaha County. Hon. Frank B. Smith, Judge. Action by Anna O. Bailey against the mayor and city commissioners of Sioux Falls and others. From an order denying a motion for a temporary injunction, plaintiff appeals.
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Appeal from Circuit Court, Minnehaha County. Hon. Frank B. Smith, Judge. Action by Anna O. Bailey against the mayor and city commissioners of Sioux Falls and others. From an order denying a motion for a temporary injunction, plaintiff appeals. Assessments for local improvements can be justified only upon the theory that the lands upon which they are laid are specially benefited by the improvements for which they are laid and hence ought to bear the burden rather than property generally; and if a law should authorize such assessments to be laid, without reference to benefits, it would either…
1Opinion of the CourtSmith, P. J.
Action for an injunction restraining the construction of a system of sewers. Plaintiff appeals from an order of the circuit court denying her motion for a temporary injunction. The facts before the trial court are stated in the record substantially as follows: The city of Sioux Falls is situated on the banks of the Big Sioux river; the major portion of the city, and nearly the whole business district, being situated upon the west bank of the river. At a distance varying from a few hundred feet to a mile west of the river is a range of bluffs, west of which the ground declines toward the Big…
2Cases cited9 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Spencer v. MerchantSupreme Court of the United States · 1888
- Paulsen v. PortlandSupreme Court of the United States · 1893
- Barber Asphalt Paving Co. v. FrenchSupreme Court of Missouri · 1900
- Hanscom v. City of OmahaNebraska Supreme Court · 1881
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3Cited by4 opinions
- Haggart v. AltonSouth Dakota Supreme Court · 1912
- Ruel v. Rapid CitySouth Dakota Supreme Court · 1969
- Fought v. MurdochWest Virginia Supreme Court · 1933
- Fargo v. AasethSouth Dakota Supreme Court · 1913