Behrens v. City of Spearfish

HANSON, Judge.

This is an action to restrain the City of Spearfish from operating or furnishing motel accommodations, cabin units, and rental sites for tents and trailers as part of its park facilities. The appealing plaintiffs are residents, taxpayers, and owners of motels, lodges, and cabins in Spearfish. They contend the city has no express or implied power to own or operate a cabin or tourist camp.

The City of Spearfish is located at the northern edge of the Black Hills of South Dakota. Since 1900 it has maintained a public park for the use, benefit and enjoyment of its residents, visitors,…