Fuhr v. City of Colman

PER 'CURIAM.

Under an appeal from a judgment and an order denying a motion for a new trial, we have been required to review the discretion exercised by the trial court in granting a petition for the exclusion of certain agricultural lands from the limits of Colman, a city of 483 persons.

In the case of Zajicek et al. v. City of Wessington, 53 S. D. 315, 220 N. W. 913, 916, this court said: “If the character of the land and the only prospective use therefor is purely agricultural, and it is used for that purpose only,-and the only reason that the municipality can assign for desiring to- retain…