Associated Developers, Inc. v. Bjerke

WOLLMAN, Chief Justice.

The trial court entered judgment for ap-pellees, declaring street assessments imposed by appellants null and void and ordered appellants to refund any moneys paid under the assessment plus interest. We affirm.

This appeal is the result of action taken by appellants subsequent to our decision in City of Brookings v. Associated Developers, Inc., 280 N.W.2d 97 (S.D.1979) (Brookings I).

In 1977, two street improvement projects were completed in the city of Brookings. Although the entire cost of these projects was to be paid with federal and state funds, appellants approved…