Thiel v. City of Alexandria
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. Frank E. Smith, Judge. Petition by George Thiel and Fid Montgomery, against the City of Alexandria in Hanson County, State of South Dakota, for exclusion of plaintiff’s land from the corporate limits of said city. From a judgment for defendant, plaintiff Thiel appeals. Appellant cited: Johnson v. Incorporated Town of Castlewood, 168 N. W.' 124.
1DissentGates, J.
The rule announced in the foregoing opinion and in the Castlewood case takes the burden of proof from the petitioner, where it should belong, and places it upon the city, where it should not belong.
I think the facts in this case bring it within the reasons for not granting the petition in Qualey v. City of Brookings, 18 S. D. 581, 101 N. W. 713:
“The only apparent benefit that the petitioners would derive from having ‘the territory excluded would be a lessening of the burden of taxation. But such a benefit to them would not be a sufficient compensation for depriving the city of its territory,…
2Cases cited1 opinion
- Qualey v. City of BrookingsSouth Dakota Supreme Court · 1904