Legal Opinion

Kreger v. City of Clear Lake

South Dakota Supreme Court

Decided October 18, 1923No. File No. 5203PublishedCited by 4 opinions

Appeal from Circuit Court, Deuel County; .Hon. W. N. Skinner, Judge. Action by William' Kreger against the -City of -Clear Lake and others. Judgment for -plaintiff, and defendants appeal.

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Appeal from Circuit Court, Deuel County; .Hon. W. N. Skinner, Judge. Action by William' Kreger against the -City of -Clear Lake and others. Judgment for -plaintiff, and defendants appeal. Appellant cited': Rev. Code 1919, Secs'. 6555-655-8; P'elletier v. City of Ashton, 12 -S. Dl 366, 81 N. W. 735; Qualey v. City of Brookings, 18 S.- D. 581; Johnson v. Town of Castlewood, 40 S. D. 493, r68 N1. W. 124; Thiel v. City of Alexandria, 41 S. D. 427, 171 N. W. 209. Respondent cited: Cole. v. City of Watertown (S. D1.), 147 N. W. 91; State v. Pierre, 90 N. W. 1047, 15 S'. D. 559..

1Opinion of the CourtSherwood, J.

This action was brought to exclude from1 the corporate limits of the city of Clear Lake the N. W. 1/2 115-49, containing 1156 acres.

Defendant answered: That plaintiff was the owner of out-lots 2 and 3 in section 22, consisting of 2jd> acres bounding the premises above described on the east. That plaintiff had a fine residence on these outlots at the. corner of Fifth and Ninth streets, in said city, close to the closely built up portions thereof. That the sidewalks of the city lead up to said outlots. That the city has constructed a cross walk across Ninth street leading to plaintiff’s…

2Cases cited3 opinions

  1. Johnson v. Incorporated Town of CastlewoodSouth Dakota Supreme Court · 1918
  2. Thiel v. City of AlexandriaSouth Dakota Supreme Court · 1919
  3. Klosterman v. City of ElktonSouth Dakota Supreme Court · 1922

3Cited by4 opinions

  1. Zajicek v. City of WessingtonSouth Dakota Supreme Court · 1928
  2. Klosterman v. City of ElktonSouth Dakota Supreme Court · 1928
  3. Lockhart v. City of Clear LakeSouth Dakota Supreme Court · 1923
  4. Kreger v. City of Clear LakeSouth Dakota Supreme Court · 1923

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