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ATKINSON v. CITY OF PIERRE

No. 23387.

706 N.W.2d 791 (2005)

2005 SD 114

Judith A. ATKINSON, Plaintiff and Appellant, v. CITY OF PIERRE, a municipality, S. Ellwein, Inc., d/b/a Tour Ice, Inc., Stephen C. Ellwein, d/b/a Tour Ice, Defendants and Appellees.

Supreme Court of South Dakota.

Decided November 16, 2005.

Attorney(s) appearing for the Case

Judith A. Atkinson, Pierre, South Dakota, Pro se appellant.

John L. Brown, Margo D. Northrup of Riter, Mayer, Wattier & Brown, Pierre, South Dakota, Attorneys for appellee City of Pierre.

Brett Koenecke of May, Adam, Gerdes & Thompson, Pierre, South Dakota, Attorneys for appellee S. Ellwein, Inc. d/b/a Tour Ice, Inc., Stephen C. Ellwein, d/b/a Tour Ice.

KONENKAMP, Justice.

[¶ 1.] In this mandamus action on alleged nuisance and zoning ordinance violations, we affirm the circuit court's judgment denying relief.

Background

[¶ 2.] Defendant Tour Ice began its retail business in 1973. Consisting of a mobile home and garage, it was first located at 420 South Henry Street, Pierre, South Dakota, one block west of its current site at 425 South Central Avenue. The business moved to the latter address...

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