Legal Opinion
City of Rapid City v. Hoogterp
South Dakota Supreme Court
Decided July 29, 1970No. Files 10759, 10766PublishedCited by 50 opinions
1Opinion of the Court
RENTTO, Judge.
The defendants Henry H. Hoogterp and Ruth C. Hoogterp, his wife, are the owners of a building located at 24 E. Main Street in Rapid City. Portions of the building are leased to the defendant Leonard Walla for business purposes. A land survey of the area made in 1967, in preparation for a program of improving and enlarging East Main Street, disclosed . that defendants’ building protruded into the street right-of-way. Plaintiff city thereupon instituted this suit to enjoin the obstructing portion of the structure as a nuisance.
In resisting the city’s claim the position of the…
2Cases cited11 opinions
- Village of Newport v. TaylorSupreme Court of Minnesota · 1948
- Missouri River Telephone Co. v. City of MitchellSouth Dakota Supreme Court · 1908
- First Church of Christ v. RevellSouth Dakota Supreme Court · 1942
- Bridges v. Incorporated Town of Grand ViewSupreme Court of Iowa · 1913
- Kuehl v. Town of BettendorfSupreme Court of Iowa · 1917
6 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- Gross v. Connecticut Mutual Life Insurance Co.South Dakota Supreme Court · 1985
- Sioux Falls Construction Co. v. City of Sioux FallsSouth Dakota Supreme Court · 1980
- Even v. City of ParkerSouth Dakota Supreme Court · 1999
- Smith v. NevilleSouth Dakota Supreme Court · 1995
- McLaughlin Electric Supply v. American Empire Insurance Co.South Dakota Supreme Court · 1978
45 more not listed; retrieve them via the Exa API.