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CITY OF BROOKINGS v. ASSOCIATED DEVELOPERS, INC.

No. 12574.

280 N.W.2d 97 (1979)

The CITY OF BROOKINGS, South Dakota, a Municipal Corporation, Appellant, v. ASSOCIATED DEVELOPERS, INC., Brookings International Life Insurance Company, Brookings Mall, Inc., Dale G. Svennes Construction Company, Inc., Gilbert Erickson and Alene Erickson, First National Bank in Brookings, Four Sisters, Inc., Peter Hauff, Gene R. Hurst and Roger W. Anderson Trust, Robert A. Larkin and Janice M. Larkin, Gust M. Liebelt, Mid-Continent Developers, Inc., Paul E. Moriarity, Homer Osvog, Paul Prussman, Rose Marie Ramey, Harvey A. Schroeder and Alethea M. Schroeder, Robert S. Sexauer Company, Jerald Tunheim and Patricia Tunheim, and Stuart J. Webster and Sharon H. Webster, for themselves and all other parties similarly situated, Respondents.

Supreme Court of South Dakota.

Decided June 14, 1979.

Attorney(s) appearing for the Case

Alan F. Glover of Denholm & Glover, Brookings, for appellant.

James E. Kessler of Erickson & Kessler, P. C., Brookings, for respondents.

DOBBERPUHL, Circuit Judge.

Respondents brought this class action to challenge the validity of special assessments levied by appellant against their land. Counsel for the respective parties stipulated to the facts.

In March of 1974, appellant passed a resolution whereby it agreed to participate in a state-wide transportation project which would be funded through the federal-aid urban systems program.1 Pursuant to that program, appellant...

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