Keen v. Board of Sup'rs
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action to restrain a board of township supervisors and others from opening a highway. From an order continuing in force a temporary restraining order until the final determination of the action, defendants appeal.
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Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action to restrain a board of township supervisors and others from opening a highway. From an order continuing in force a temporary restraining order until the final determination of the action, defendants appeal. The facts are stated in the opinion, Whatever right or ownership plaintiff claims or has exercised over that portion of the real estate claimed to be owned by him in the complaint, and upon and over which said public highway is located, are and were subordinate to the paramount right of the public to use the…
1Opinion of the CourtFuller, J.
This appeal from an order continuing in force a temporary restraining order, during the pendency of an action to permanently enjoin the defendants from opening and constructing a public highway upon a section line within the township of Fairview, over and upon the premises of the plaintiff. While evidence was offered which must be considered, both parties seem disposed to treat the motion to vacate the temporary restraining order as a demurrer to the complaint, on the ground that the same does not state facts sufficient to constitute a cause of action; and the power of the township board,…
2Cases cited2 opinions
- Wells v. Pennington CountySouth Dakota Supreme Court · 1891
- Van Antwerp v. Dell Rapids TownshipSouth Dakota Supreme Court · 1894
3Cited by14 opinions
- Millard v. City of Sioux FallsSouth Dakota Supreme Court · 1999
- Faxon v. Civil Township of LallieNorth Dakota Supreme Court · 1917
- Koloen v. Pilot Mound TownshipNorth Dakota Supreme Court · 1916
- Cosgriff v. Tri-State Telephone & Telegraph Co.North Dakota Supreme Court · 1906
- Douville v. ChristensenSouth Dakota Supreme Court · 2002
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