CITY OF MARION v. SCHOENWALD

No. 21587.

631 N.W.2d 213 (2001)

2001 SD 95

CITY OF MARION, Plaintiff and Appellant, v. Diane SCHOENWALD, Defendant and Appellee.

Supreme Court of South Dakota.

Decided July 18, 2001.


Attorney(s) appearing for the Case

Jeffrey A. Cole of Zimmer, Duncan and Cole, Parker, SD, Attorneys for plaintiff and appellant.

Ronald A. Parsons, Jr. of Johnson, Heidepreim, Miner, Marlow & Janklow, Sioux Falls, SD, Attorneys for defendant and appellee.


KONENKAMP, Justice.

[¶ 1.] To keep excessive numbers of large dogs from becoming a public nuisance, the City of Marion passed an ordinance that, among other things, limited households to four dogs, only two of which could weigh over 25 pounds. When the ordinance was challenged in court, the weight restriction was struck down. We reverse that ruling. South Dakota law permits municipalities broad power to regulate the keeping of dogs, and thus the weight limitation...

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