The Brookings register. [volume] (Brookings, Brookings County, S.D.) 1903-1971, 1904-12-29
SEGREGATION CASE
Supreme Court Orders a New Trial
on Incorporate Limit Case

lands within the corporate limits OF
Brookings attempted to have the city
limits changed so as to leave them
outside, with a view to reducing their
taxes. The case was tried in circuit
court and verdict in favor OF the land
owners resulted. The city appealed
the case and the supreme court recently
handed down a decision reversing the
decision of the lower court. The deci-
sion of the supreme court in part is as
follows:
The territory sought to be excluded
embraces nearly two-thirdS OF the
townsite of Brookinss as it existed at
the time OF the application.
At the conclusion of the evidence
the defendant presented findings OF
fact of which among others the follow
ing wrre rejected by the court: The
court finds, 'that said city has been
steadily increasing in (the) size OF the
populated area and Improvements; that
in the year 1897 the permanent improve
ments were over $4,000, in the year
1899 they we're about $4,000, in 1900
they were about $150,000 consisting
principally of store buildings and
improvements extend in all directions
from the center of the city. That the
netitioners and their grantors have
acouiesced in the boundaries and par
Al. .,,,N Nol off nf
the said CITY for nearly twenty years,
voting at bond elections whereat bonds
have been issued by the said city for
various purposes y and that
the value of their property has been
greatly enhanced by reason OF being
i'm said city. That to grant said petit
ton would in many places bring the
city limits in very close proximity to
the plated and residence portion OF
said city, and allow no room for exten-
sion. That said city is closely and
compactly built That to grant said
petition would exclude from the city
limits the source of the water supply
situated in the present extreme western
part of the said city, consisting OF a
we'll and pumping station, said water
works being owned and operated by
tbe CITY That such Segrega-
ton would reduce the area of said city
to such an extent as to nulll1y ana
greatly impair its powers for the pro-
lection OF its inhabitants from the
- :. e hon
saloons, X and other nui-
sances in close proximity to the
dwelling houses of its inhabitants,
aud prevent the city from estab-
fishing pest houses and taking other
precautions necessary for the preven-
ton of the health and comfort OF its
citizens. That such segregation would
prevent the extension OF sewers to
properly drain said city.
That all of said territory sought to be
segregated is now necessary for proper
police regulations and for various SAN
itarv reasons, to he retained IN SAID
city under the control of its ordinances
and police and health officers, and
that the prospects are that the whole
or large parts thereof will soon he
required for residence and business
purposes"
Ii is contended by the defendant
that the evidence offered fully sus-
tanned these proposed findings and
that the same should have been made
by the court.
While much of the evidence offered
on the part Of the defendants was ex-
cluded we are of the opinion that the
evidence admitted warranted the court
in making the proposed findings and
that its refusal to find as requested
was clearly error. 1t appears from the
evidence that the city of Brookings
contained at the time of the filing OF
the petition population OF over $500
and was a growing and thriving city
and that within its limits is situated
the South Dakota Agricultural College.
1t further appears that the city has a
system of water works and that the
supply for the same is embraced with
in the territory sought to be excluded;
and sewerage system the outlet OF
which is also within that territory. 1t
also appears that the boundaries OF
the Independent school district OF
Brookings are co-extensive with the
boundaries of the city. 1t also appears
from the evidence that two cemeteries
are within the territory sought to be
excluded. 1t is also shown by the
evidence that many OF the petitioners
and owners of the property sought to
be excluded had been residents OF the
city for twenty years or more, hadpa
ticipated in the elections and had been
greatly benefited by the enhanced
value OF their property by reason OF
the municipal improvements and SO
far as the record disclosed had hereto
fore made no complaint. The testl-
monv Of the citizens and the plat OF
the city showing the territory remain
ING within the city and the territory