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KORZAN v. CITY OF MITCHELL

No. 23591.

708 N.W.2d 683 (2006)

2006 SD 4

Suzanne KORZAN, Joan Schulz, Betty Heidinger, Lucille Geisler and Gladys Sebastian, Plaintiffs and Appellants, v. CITY OF MITCHELL, Defendant, and Roman Catholic Church of Holy Family of Mitchell, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided January 4, 2006.

Attorney(s) appearing for the Case

Timothy W. Bjorkman, Mike C. Fink of Bjorkman & Fink, Bridgewater, SD, for appellants.

John F. Cogley of Morgan, Theeler, Wheeler, Cogley & Petersen, Mitchell, SD, appellee.

TIMM, Circuit Judge.

[¶ 1.] Korzan appeals from the circuit court's findings that the City of Mitchell had complied with SDCL 1-19A-11.1 and that application of SDCL 1-19A-11.1 created a substantial burden on Holy Family in violation of the Religious Land Use and Institutionalized Persons Act of 2000. We Affirm.

Facts and Procedural History

[¶ 2.] The Appellants seek to prevent the demolition of Notre Dame Academy, a building that is listed...

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