Behrens v. City of Spearfish
South Dakota Supreme Court
1DissentRentto, Judge
*623Cities have no inherent powers and none of the attributes of sovereignty. They are creatures of our constitution and statutes and possess only such powers as these laws give them,, together with such incidental or implied powers as are necessary to enable them to perform their authorized functions. Ericksen v. City of Sioux Falls, 70 S.D. 40, 14 N.W.2d 89.
Statutes granting powers to municipal corporations are strictly construed, and any reasonable doubt or ambiguity is to be resolved against the grant. 62 C.J.S. Municipal Corporations § 119; 37 Am.Jur., Municipal Corporations, § 113. The rule…
2Cases cited3 opinions
- Ericksen v. City of Sioux FallsSouth Dakota Supreme Court · 1944
- City of Vermillion v. HugenerSouth Dakota Supreme Court · 1953
- LeFevre v. Board of City CommissionersSouth Dakota Supreme Court · 1937