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CITY OF SIOUX FALLS v. CLEVELAND

No. 9445.

70 N.W.2d 62 (1955)

CITY OF SIOUX FALLS, a municipal corporation, Plaintiff and Appellant, v. Mary CLEVELAND, Glen Gulberg and Jack Palmer, Defendants and Respondents.

Supreme Court of South Dakota.

April 30, 1955.

Attorney(s) appearing for the Case

Robert S. Golden, John E. Burke, Thomas J. Barron, Sioux Falls, for plaintiff-appellant.

Hitchcock, Nichol & Lassegard, Mitchell, Francis G. Dunn, Sioux Falls, for defendants-respondents.

SMITH, Judge.

This action was brought by the city of Sioux Falls under SDC 45.2614 to restrain the maintenance and use of two trailer houses on a described lot on the theory that such use is proscribed by its zoning ordinance. The trial court predicated its judgment dismissing the complaint of the city on two grounds. First, it concluded the use revealed by the evidence is not prohibited by the zoning ordinance because of an existing and continuing use of the premises...

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