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Pierre Won't Appeal Gutter Lawsuit Ruling

July 28, 2010, 7:30 AM

PIERRE, SD - Pierre city commissioners have begun the process of reimbursing more than $55,000 in assessed curb and gutter fees to about 45 property owners who won a lawsuit against the city.

The South Dakota Supreme Court ruled earlier this month that the fees assessed on some property owners in Pierre were unconstitutional because they exceeded any special benefits received by the property owners.

Mayor Laurie Gill says the city will not appeal the ruling. The City Commission on Tuesday night voted to dismiss about $27,000 in liens placed on the plaintiffs' property.

Gill also has asked city staff to consider how to reimburse another $27,500 property owners have paid in assessments. The commission will discuss the matter next Tuesday.

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