Legal Opinion

Hawley v. City of Hot Springs

South Dakota Supreme Court

Decided March 15, 1979No. 12038PublishedCited by 7 opinions

1Opinion of the Court

WOLLMAN, Chief Justice (on reassignment).

This action arises from the imposition of a special assessment for sewer improvements by the city of Hot Springs. Respondents’ property involved in the assessment consisted of six lots abutting Highway No. 385 upon which were situated a house and a five-unit motel structure.1

The assessment of the costs of the sewer system in this situation is controlled by SDCL 9-48-43, which provides:

The total benefit of a main or trunk sewer constructed under the provisions of this chapter shall be deemed to be not less than the total cost thereof, including the…

2Cases cited13 opinions

  1. Chicago, Rock Island & Pacific Railway Co. v. City of CentervilleSupreme Court of Iowa · 1915
  2. Soo Line Railroad Company v. City of WiltonNorth Dakota Supreme Court · 1969
  3. Meyer v. City of Oakland ParkSupreme Court of Florida · 1969
  4. Goodell v. City of ClintonSupreme Court of Iowa · 1971
  5. Foren v. City of Royal OakMichigan Supreme Court · 1955

8 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Hubbard v. CITY OF PIERRESouth Dakota Supreme Court · 2010
  2. Dixon Road Group v. City of NoviMichigan Supreme Court · 1986
  3. Simmons v. City of MoscowIdaho Supreme Court · 1986
  4. City of Brookings v. Associated Developers, Inc.South Dakota Supreme Court · 1979
  5. Hawley v. City of Hot SpringsSouth Dakota Supreme Court · 1979

2 more not listed; retrieve them via the Exa API.

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