Coughran v. City of Huron

Citations

• 17 S.D. 271
• 96 N.W. 92
• 1903 S.D. LEXIS 40

Syllabus

<p>1. The circuit court has jurisdiction of a proceeding hy plaintiff to have a certain quarter section of land belonging to him disconnected from defendant city.</p> <p>2. Pol. Code, § 1609, provides that on petition in writing signed by not less than three-fourths of. the legal voters, and by the owners of not less than three-fourths in value of the property in any territory in any incorporated city or town, and being upon the border and within the limits thereof, the city may disconnect and exclude such territory from such city. Held, that where it affirmatively appeared from the petition that there was no person residing on the property sought to be excluded, and the petition was signed by the sole owner thereof, the statute was complied with.</p> <p>3. Pol. Code, § 1609, relating to the disconnection of territory from a city, applies to a city operating under a special charter.</p>