City of Colton v. Parks

This proceeding was instituted under SDC 45.29 for the purpose of excluding five tracts of agricultural land from the corporate limits of the City of Colton. A petition to the governing body was ineffective. A petition and hearing before the circuit court resulted in a judgment of exclusion. The city has appealed. The assignments predicate error on the insufficiency of the evidence to support the findings, and the refusal of the requested findings.

It is the duty of the court to grant the petition for exclusion if it finds that (1) the request of the petitioners “ought to be granted” and (2)…