Cole v. City of Watertown
South Dakota Supreme Court
Appeal from Circuit 'Court, 'Codington 'County. H'on. Cari, G. SiiAwooD, Judge. Proceedings under petition by A. H, Cole and others against the City of Watertown, for the exclusion of certain territory from the city limits of that city. From a judgment excluding a portion of the 'territory described in the petition, and from an order 'denying a new trial, the city appeals. The Court was without jurisdiction to grant the petition in part 'and deny the same in part.
Read the full summary
Appeal from Circuit 'Court, 'Codington 'County. H'on. Cari, G. SiiAwooD, Judge. Proceedings under petition by A. H, Cole and others against the City of Watertown, for the exclusion of certain territory from the city limits of that city. From a judgment excluding a portion of the 'territory described in the petition, and from an order 'denying a new trial, the city appeals. The Court was without jurisdiction to grant the petition in part 'and deny the same in part. Sections 1509 to 15x3, inclusive, Political Code. Under Sections 1509, ‘and 1512, the only power that the board of commissioners…
1Opinion of the CourtWhiting, J.
Sections 1509, 1511 and 1512 of the Pol. Code of South Dakota provide, 'among other things, a® follows r
“§1509. On petition in writing, signed by not less than three-*71fourths of the legal voters and 'by the owners of not less than three-fourths, in value, of the property in any territory within any incorporated' city * * and being upon- the border and within -the limits thereof, the city council of the city * * * may disconnect and exclude such territory from’ such city * * *; Provided, that the provisions of this section shall only apply to lands not laid out into city * * * lots or blocks.”
“§…
2Cases cited6 opinions
- Vestal v. Little RockSupreme Court of Arkansas · 1891
- Foreman v. Town of MariannaSupreme Court of Arkansas · 1884
- City of Peru v. BearssIndiana Supreme Court · 1877
- Chicago & Northwestern Railway Co. v. Town of OcontoWisconsin Supreme Court · 1880
- Michaelson v. TildenNebraska Supreme Court · 1904
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Potvin v. Village of ChubbuckIdaho Supreme Court · 1955
- Zajicek v. City of WessingtonSouth Dakota Supreme Court · 1928
- Rhodes v. City of AberdeenSouth Dakota Supreme Court · 1951
- State Ex Rel. Bibb v. City of RenoNevada Supreme Court · 1947
- Betts v. City of AlexandriaSouth Dakota Supreme Court · 1928
10 more not listed; retrieve them via the Exa API.