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BOESCH v. CITY OF BROOKINGS

Nos. 18908, 19009.

534 N.W.2d 848 (1995)

Duane F. BOESCH, Cyndy J. Boesch, Mark Kelsey, and George W. Prest, Plaintiffs and Appellants in No. 18908, v. CITY OF BROOKINGS and Phyllis Frost, aka Phyllis Frost-Stotz, Defendants and Appellants in No. 19009.

Supreme Court of South Dakota.

Decided July 26, 1995.

Attorney(s) appearing for the Case

Rollyn H. Samp, Bret C. Merkle of Samp Law Offices, Sioux Falls, Kelly R. Smidt, Brookings, for plaintiffs and appellants.

Alan F. Glover of Denholm and Glover Brookings, for defendant and appellant City of Brookings.

Ronald C. Aho, Brookings, for defendant and appellant Phyllis Frost.

KONENKAMP, Justice.

The City of Brookings issued a building permit for an apartment complex just days before it enacted a zoning ordinance prohibiting such apartments. Nearby residents sought declaratory relief. The trial court dismissed their petition due to lack of standing. We dismiss the appeal as moot and uphold the denial of sanctions.

FACTS

Phyllis Frost owned six contiguous lots in a Brookings neighborhood zoned R-3 for apartments. In July...

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