Mason v. City of Sioux Falls
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to enjoin defendants from selling real estate for special assessment tax. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. Laws of 1890, p. 94, §§ 15 and 16 and p. 95, § 18, give the city council power to change and establish the grade of streets. A party cannot avoid a tax wholly because a part is void. Dillon on Mun.
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Appeal from circuit court, Minnehaha county. Hon. Frank R. Aikens, Judge. Action to enjoin defendants from selling real estate for special assessment tax. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion. Laws of 1890, p. 94, §§ 15 and 16 and p. 95, § 18, give the city council power to change and establish the grade of streets. A party cannot avoid a tax wholly because a part is void. Dillon on Mun. Cor. 924; Elliott, Roads and Streets, 386. A city is not compelled to show absolute title to a public street in order to grade and improve it at expense of abutting…
1Opinion of the CourtCorson, J.
This was an action to enjoin the defendants from selling certain real estate of the plaintiff charged with a special assessment for grading and curbing Prairie avenue from Fourth to Twelfth streets, in the city of Sioux Falls. Judgment for plaintiff and defendants appeal. The facts, briefly stated, are that, in 1881, one John McClelland was the owner of the N. E. i of section 17, township 101, range 49. In that year he platted a portion of the land into lots and blocks, and called it “McClelland’s Addition to West Sioux Falls.” On the west side of the blocks platted, from block No. 19 to 24,…
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