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CITY OF MARION v. RAPP

No. 22355.

655 N.W.2d 88 (2002)

2002 SD 146

CITY OF MARION, A South Dakota Municipality, Plaintiff and Appellee, v. Glen RAPP, Defendant and Appellant.

Supreme Court of South Dakota.

Decided November 26, 2002.

Attorney(s) appearing for the Case

James McCulloch, Vermillion, South Dakota, Attorney for plaintiff and appellee.

Robin Jacobson Houwman of Danforth, Meierhenry & Meierhenry, Sioux Falls, South Dakota, Attorneys for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Under South Dakota law, the lawful use of land existing at the time of the adoption of a zoning ordinance may continue as a nonconforming use, even though the use is prohibited by the zoning ordinance. Here, the owner of a house trailer, constituting a nonconforming use in an area not zoned for trailers, replaced his trailer with a larger one. He was found guilty of violating a city zoning regulation and appeals. Can an owner who removes...

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