Oehler v. Big Stone City

Citations

• 16 S.D. 86
• 91 N.W. 450
• 1902 S.D. LEXIS 82

Syllabus

<p>1. Comp. Laws, § 1115, provides that on petition signed by not less' than three-fourths of the legal voters, and by the owners of not less than three-foúrths in value of the property, in any territory within any incorporated city, and being on the border and within the limits thereof, the city council may disconnect and exclude such territory from such .' city. Section 111! provides that on the failure of the council to grant the request the petition may be presented to the circuit court, where a hearing thereof may be had, and section 1118 authorizes the court to , enter judgment thereon as justice may require. Plaintiffs, presented such a petition to the city council, where it was denied, and they then presented it to the court, where all allegations, except that the land' was within the city, were denied. Held, that it ^ was incumbent on plaintiffs to show that the petition was signed by at least three-fourths of the legal voters residing within the territory sought to be excluded, and by the owners of at least three-fourths in value of the property, and judgment in their favor without such proof was erroneous.</p> <p>2. Under Comp. Laws, § 1115, authorizing the exclusion from a city of territory on its border and within its limits, it is not necessary that each tract should be on the border, but each tract must be a part of the territory on the border which is asked to be excluded.</p>