Pelletier v. City of Ashton

Citations

• 12 S.D. 366
• 81 N.W. 735
• 1900 S.D. LEXIS 50

Syllabus

<p>1. Where a cily making an affirmative defense to proceedings under Comp. Laws, § 1115, to exclude certa,in lands from the corporation, admits that all necessary steps were taken by plaintiffs up to the time of the trial, and the mayor and members of the council testify to their official capacity, such proof and admissions establish the.corporate existence for the purpose of the proceeding, and the city is estopped from urging anything inconsistent therewith.</p> <p>2. Comp. Laws, 1117, .1118, provide that on failure of a city council to exclude unplatted land fx-om the city limits on the owners petition, such owners may file a petition in the circuit court, and if, on hoaxing, the court shall find such petition should have been granted, it shall so order, Ildd, that where an incorporated city included within its limits four sections of. land, and only 80 acres thexvof were platted, and the balance was cultivated land, and the owners receive!) no benefit from its being- within the city limits and were subjected to increased taxation thex’eby, and the land was not necessary for any public purpose, except to increase tho city’s revenue, such land was properly excluded by the circuit court after the city council had refused so to do.</p> <p>CORSON, j., dissenting.</p>