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ENGEN v. KNOBE

No. 12929.

298 N.W.2d 389 (1980)

Timothy R. ENGEN and Phillip E. Froehlich, General Partners doing business under the firm name and style of Greater Sioux Empire, Ltd., on behalf of themselves and all other residents and property owners in the City of Sioux Falls, Minnehaha County, State of South Dakota, similarly situated, Petitioners, Relators and Appellees, v. Rick W. KNOBE, Harold F. Wingler, and Vernon G. Winegarden, Mayor and Commissioners of the City of Sioux Falls, South Dakota, Appellants, and Contemporary Industries, Midwest, Inc., Intervenor and Appellant.

Supreme Court of South Dakota.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Kenneth C. Hanson, Sioux Falls, for petitioners, relators and appellees.

Roger A. Schiager, Sioux Falls, for appellants Knobe, Wingler, and Winegarden.

Harold C. Doyle of May, Johnson, Doyle & Becker, Sioux Falls, for appellant Contemporary Industries, Midwest, Inc.

WUEST, Circuit Judge.

The facts and issues in this case were stipulated. Certain lots in Sioux Falls were zoned RS-1 (residential). Appellant Contemporary Industries petitioned the zoning commission to rezone the property for commercial use so that it could erect a neighborhood convenience store. The zoning commission denied the petition. Contemporary Industries appealed to the city commission, which adopted an ordinance...

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