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CITY OF RAPID CITY v. KAHLER

No. 13943.

334 N.W.2d 510 (1983)

CITY OF RAPID CITY, a municipal corporation, Petitioner and Appellant, v. Richard S. KAHLER; Cornerstone Rescue Mission; David Adams; and Cheryl Adams, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 1, 1983.

Attorney(s) appearing for the Case

Michael G. Diedrich City Atty., Rapid City, for petitioner and appellant.

Doyle Estes of Gunderson, Farrar, Aldrich, Warder & DeMersseman, Rapid City, for defendant and appellee Richard S. Kahler.

Todd Schweiger Black Hills Legal Services, Rapid City, for defendants and appellees Cornerstone Rescue Mission, David and Cheryl Adams; Mark Falk, Black Hills Legal Services, Rapid City, on brief.

DUNN, Justice.

This is an appeal from an order denying a petition for an injunction. The injunction was sought to enjoin the use of a facility which was alleged to violate a local zoning ordinance and create a public nuisance. We reverse and remand.

Richard S. Kahler owns a piece of real estate in Rapid City, South Dakota, which he has leased to a South Dakota nonprofit organization called the Cornerstone Rescue Mission. David and Cheryl Adams operate the...

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