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  5. 440 N.W.2d 525 (1989)
 

CROTTY v. CITY OF DEADWOOD

Nos. 16178, 16186.

440 N.W.2d 525 (1989)

Charles R. CROTTY and Angela K. Crotty, Plaintiffs and Appellees, v. The CITY OF DEADWOOD; Thomas M. Blair, as Mayor of the City of Deadwood; Ken Hawki, as Building Officer of the City of Deadwood; and Joe Mack, Defendants and Appellants.

Supreme Court of South Dakota.

Decided May 17, 1989.

Attorney(s) appearing for the Case

John J. Delaney of Banks, Johnson, Johnson, Colbath & Huffman, Rapid City, for plaintiffs and appellees.

Gene R. Bushnell of Costello, Porter, Hill, Heisterkamp & Bushnell, Rapid City, Steven M. Christensen of Mattson, Rachetto & Christensen, Rapid City, for defendants and appellants City of Deadwood, Thomas M. Blair and Ken Hawki.

Jacqueline M. Rasmussen of Nelson & Harding, Rapid City, for defendant and appellant Joe Mack.

McKEEVER, Circuit Judge.

PROCEDURAL HISTORY/ISSUES

Charles and Angela Crotty (Crottys) initiated actions for injunctive and declaratory relief against the City of Deadwood (City) and Joe Mack (Mack) seeking to halt Mack's construction of a motel addition on property nearly adjacent to Crottys' residence and to declare the construction a nuisance in violation of City's Ordinance 569, which purportedly zoned the...

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