Nicola v. Town of Brandt
Nicola v. Town of Brandt, 54 N.W.2d 564 (S.D. 1952)
Opinion of the Court
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PER CURIAM.
This is a proceeding under SDC 45.29 to detach agricultural land from the town of Brandt, Deuel county, South Dakota. The plaintiff owner has appealed from a judgment refusing to exclude his property.
Under a factual situation which cannot be distinguished from that revealed by this record, this court held in Neeman v. Town of Chancellor, 54 S. D. 573, 223 N.W. 938 , it was not at liberty to disturb the judgment of the trial court. In our opinion this case is ruled by that decision.
The judgment of the trial court is affirmed.
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