Clark v. Mosley

Plaintiff is the owner of a frame store building within the fire limits of the City of Deadwood. It was damaged by fire on December 5, 1944. This proceeding was thereafter instituted under SDC 37.44 to restrain the defen dant, the chief of police of Deadwood, from demolishing plaintiff’s building. By the judgment below, and the writ of prohibition issued pursuant thereto, defendant is so absolutely restrained. He has appealed to this court.

By SDC 45.0201(52) power is delegated to our cities “To prescribe the fire limits within which wooden buildings shall not be erected, placed, or repaired…