City of Aberdeen v. Wellman
South Dakota Supreme Court
1DissentHenderson, Justice
This appeal stems from a social problem caused by growth, the City of Aberdeen having grown in the ten years preceding trial predominantly towards the north and to an area that is just to the south of the Fairgrounds Road. We see municipal government overprompting judicial intervention into the free enterprise system to such extent that free enterprise is killed. This is a classic case of government, in this case municipal government, moving in on the people’s freedoms to such extent that the forces of law are used in an unreasonable manner. Government here wins totally. Free enterprise here…
2Cases cited7 opinions
- Norton Shores v. CarrMichigan Court of Appeals · 1978
- City of Hillsdale v. Hillsdale Iron & Metal Co.Michigan Supreme Court · 1960
- Prauner v. Battle Creek Cooperative CreameryNebraska Supreme Court · 1962
- Botsch v. Leigh Land Co.Nebraska Supreme Court · 1976
- Cline v. Franklin Pork, Inc.Nebraska Supreme Court · 1981
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