Black Hills Central Railroad v. City of Hill City

ROEHR, Circuit Judge.

[¶ 1.] The circuit court granted the application of Black Hills Central Railroad Co. (Railroad) for a peremptory writ of mandamus requiring the City of Hill City (City) to approve Railroad’s plat. City appeals. We affirm.

FACTS

[¶ 2.] Railroad owned several parcels of real property in City. City had a sewer main on Railroad’s property pursuant to a license granted by Railroad in 1953. In the early 1990s, Railroad acquired additional parcels. The additional parcels were contiguous to each other and to the original railroad property.

[¶ 3.] In the early 1990s, the State of…