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CARY v. CITY OF RAPID CITY

No. 19689.

559 N.W.2d 891 (1997)

1997 SD 18

Jane CARY, Plaintiff and Appellant, v. CITY OF RAPID CITY, South Dakota, Defendant and Appellee.

Supreme Court of South Dakota.

Decided February 26, 1997.

Attorney(s) appearing for the Case

James S. Nelson and Mark J. Connot of Gunderson, Palmer, Goodsell & Nelson, and Melvin D. Wedmore, Rapid City, for Plaintiff and Appellant.

Tamara M. Pier, Assistant City Attorney, Rapid City, for Defendant and Appellee.

MILLER, Chief Justice.

[¶ 1] Jane Cary petitioned the city of Rapid City, South Dakota, seeking to rezone certain property from a general agricultural classification to a medium density residential classification. The City approved an ordinance granting Cary's request. Prior to the effective date of the ordinance, certain neighboring property owners filed a written protest of the rezoning pursuant to SDCL 11-4-5. Based on the protest, the ordinance rezoning Cary...

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