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DONOVAN v. CITY OF DEADWOOD

No. 18810.

538 N.W.2d 790 (1995)

Clair DONOVAN and Brian Maas, Plaintiffs and Appellees, v. CITY OF DEADWOOD, a Municipal Corporation, and Deadwood Historic Preservation Commission, Defendants and Appellants.

Supreme Court of South Dakota.

Decided October 18, 1995.

Attorney(s) appearing for the Case

A.P. Fuller and Brad P. Gordon of Fuller & Tellinghuisen, Lead, for plaintiffs and appellees.

Jon W. Mattson, Deadwood, for defendants and appellants.

MARTIN, Circuit Judge.

The City of Deadwood (City) and the Deadwood Historic Preservation Commission (Commission), appeal from a judgment reversing their decision denying Clair Donovan and Brian Maas' (Owners) a demolition permit. The trial court held that City and Commission's action was beyond City's statutory and constitutional powers and beyond Commission's authority. We affirm.

FACTS

Owners' real property includes a commercial structure located...

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