CITY v. CLARKE

No. 12643.

288 N.W.2d 312 (1980)

CITY OF MADISON, a Political Subdivision, State of South Dakota, Plaintiff and Respondent, v. Dewayne CLARKE and Pat Clarke, a/k/a Patricia R. Clarke, Defendants and Appellants.

Supreme Court of South Dakota.

Decided February 13, 1980.


Attorney(s) appearing for the Case

Robert R. Spencer of Ericsson, Spencer & Ericsson, Madison, for plaintiff and respondent.

J. B. Lammers of Lammers, Lammers, Kleibacker & Casey, Madison, for defendants and appellants.


DUNN, Justice.

Defendants appeal from a judgment entered by the Fourth Judicial Circuit Court of South Dakota in favor of plaintiff City of Madison (City) upholding a determination by the City's Board of Adjustment that defendants were not entitled to a zoning variance. We affirm.

Defendants applied for and received a building permit for a house. They did not apply for a permit to build a roofed patio or "carport." The roof of the carport is three feet, four...

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