Opinion
File No. 10049.
Opinion filed December 7, 1962
Mandamus.
A railroad was not entitled to a writ of mandamus diresting state authorities to apply statewide assessment factor of 60% of true and full value of property to railroad's property where railroad failed to show that its operating properties had been assigned a taxable value in excess of 60% of their true and full value.
Original proceeding by a railroad for a writ of mandamus directing state officials to apply statewide assessment factor of 60% of true and full value of property to valuation of railroad's property to assure equality of taxation.
Writ denied.
M.T. Woods, Sioux Falls, for Petitioner.
A.C. Miller, Atty. Gen., John P. Dewell, Asst. Atty. Gen., Joseph H. Bottum, III, Asst. Atty. Gen., Pierre, for Respondents.
This is a companion case to Chicago, Milwaukee, St. Paul and Pacific Railroad Company v. Gillis et al., 80 S.D. 50, 118 N.W.2d 313. Application of the principles announced in that case to the fact situation here involved compels the conclusion that the writ must here be denied because petitioner has not shown that its operating properties have been assigned a taxable value in excess of 60% of their true and full value.
Accordingly the writ will be denied. No costs to be taxed.
All the Judges concur.
MANSON, Circuit Judge, sitting for Smith, J., disqualified.