Malzner v. Town of Dolton

This action was brought for the purpose of excluding three government fractional lots, comprising a trifle over one hundred sixty acres of land from the corporate limits of the town of Dolton. The land is the same as that involved in La Come v. Town of Dolton, 48 S. D. 122, 202 N. W. 389, except the strip of ground 600 feet running north and south entirely across petitioner’s land. In this case, the said strip of ground, 66 feet in width and used as a public highway, is not included in the petition. The petition was denied in the former case, largely because of the extreme irregularity of the…