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HAMERLY v. CITY OF LENNOX BD. OF ADJ.

No. 20107.

578 N.W.2d 566 (1998)

1998 SD 43

Don HAMERLY, Donna Hamerly and Michael Hamerly, Petitioners and Appellees, v. The CITY OF LENNOX, South Dakota, BOARD OF ADJUSTMENT, Appellant.

Supreme Court of South Dakota.

Decided May 6, 1998.

Attorney(s) appearing for the Case

Larry A. Nelson of Frieberg, Rudolph & Nelson, Canton, for Petitioners and appellees.

James E. McCulloch of Minick and McCulloch, Vermillion, for appellant.

SABERS, Justice

[¶ 1.] After concluding that city illegally granted building permit, circuit court ordered city to remove newly constructed building located on private property. We affirm in part and reverse in part.

FACTS

[¶ 2.] The City of Lennox, South Dakota enacted an ordinance establishing new zoning regulations effective August 28, 1996. John Foltz operated a small engine repair business in an area zoned residential under the new...

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