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CITY OF BROOKINGS v. WINKER

No. 19499.

554 N.W.2d 827 (1996)

1996 SD 129

CITY OF BROOKINGS, Plaintiff and Appellee, v. Bradley WINKER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 30, 1996.

Attorney(s) appearing for the Case

Steven J. Britzman of Denholm, Glover & Britzman, Brookings, for plaintiff and appellee.

Sean M. O'Brien, Brookings, for defendant and appellant.

SABERS, Justice.

[¶ 1] Winker was convicted of violating a City of Brookings zoning ordinance which, by its definition of "family," limits to three the number of unrelated adults who may live together in one residential unit. Winker challenged the constitutionality of the ordinance under the equal protection and due process clauses of the South Dakota State Constitution. The circuit court upheld the constitutionality of the ordinance and we affirm.

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