1) Special Assessment against landowner upheld;
Summary follows:
KJD, LLC v. CITY OF TEA, 2025 S.D. 22: “The City of Tea impos[ed] a special assessment against property abutting a road construction project, after finding that the City’s improvement conferred special benefits on the property above and beyond that experienced by the public at large.” Appeal to Circuit Court resulted in an affirmance. This appeal to the SD Supreme Court also resulted in an affirmance. This is a unanimous ruling (5-0), with opinion authored by Justice DeVaney.
This decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .