# Clem v. City of Yankton

> South Dakota Supreme Court · July 16, 1968 · 83 S.D. 386

URL: https://www.frixlaw.com/law-library/cases/9722867

## Case

- **Full name:** CLEM, Appellant v. CITY OF YANKTON, Respondent
- **Court:** South Dakota Supreme Court
- **Decided:** July 16, 1968
- **Citations:** 83 S.D. 386; 160 N.W.2d 125; 1968 S.D. LEXIS 116
- **Precedential status:** Published
- **Opinion:** Concurrence by Biegelmeier
- **Judges:** Biegelmeier, Rentto, Hersrud, Roberts
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9722867

## Opinion text

BIEGELMEIER, Judge
(concurring).
My concurrence is premised on the basis the bonds are payable under the statute and ordinance solely from rentals collected from, and payable to the city by, a private corporation pursuant to a written lease in the usually accepted practice and in the normal operation of business under our capitalistic system and do not rely directly or indirectly on the taxing power, tax or other municipal sources. It is not therefore an "evasive" device proscribed by Torigian v. Saunders cited in the opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9722867. Public record. Not legal advice.