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TOWN OF WINFRED v. SCHOLL

No. 17377.

477 N.W.2d 262 (1991)

TOWN OF WINFRED, Plaintiff and Appellee, v. Charles E. SCHOLL, Jr., Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 13, 1991.

Attorney(s) appearing for the Case

Wilson Kleibacker of Lammers, Lammers, Kleibacker & Parent, Madison, for plaintiff and appellee.

John E. Burke, Sioux Falls, for defendant and appellant.

MILLER, Chief Justice.

This is an appeal from the circuit court's judgment holding that abandoned autos, auto bodies and other similar materials (junk) placed by Charles Scholl on specified lots owned by him constituted a nuisance under ordinances of the Town of Winfred, South Dakota. The trial court ordered Scholl to remove the offending junk from some of the lots, but refused to enter judgment declaring the junk on Scholl's "home place" a nuisance, thus allowing...

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