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FORTIER v. CITY OF SPEARFISH

No. 16089.

433 N.W.2d 228 (1988)

Arthur R. FORTIER, Plaintiff and Appellant, v. CITY OF SPEARFISH, Defendant and Appellee.

Supreme Court of South Dakota.

Decided December 7, 1988.

Attorney(s) appearing for the Case

Reed C. Richards, Deadwood, for plaintiff and appellant.

John J. Delaney, Rapid City, for defendant and appellee.

Michael G. Diedrich of City Attorney's Office, Rapid City, for amicus curiae City of Rapid City.

HEEGE, Circuit Judge.

Arthur Fortier (Fortier) appeals the trial court's grant of summary judgment in a declaratory judgment action. The trial court held that the City of Spearfish's (Spearfish) comprehensive zoning and flood damage ordinances were valid. We affirm.

FACTS

Fortier purchased two empty lots adjoining Spearfish Creek within the City of Spearfish in 1977 for $8,500. After Fortier's purchase, Spearfish adopted its first comprehensive plan...

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