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LAMAR OUTDOOR ADV. v. CITY OF RAPID CITY

No. 24015.

731 N.W.2d 199 (2007)

2007 SD 35

LAMAR OUTDOOR ADVERTISING OF SOUTH DAKOTA, INC., Petitioner and Appellant, v. CITY OF RAPID CITY, a municipality, The Rapid City Council and Tom Johnson, Mike Schumacher, Sam Kooiker, Deb Hadcock, Karen Gunderson Olson, Bill Okrepkie, Ray Hadley, Ron Kroeger, Malcom Chapman, and Bob Hurlbut, in their capacity as members of the Rapid City Council and Brad Solon, in his official capacity as Building Official for the City of Rapid City, Respondents and Appellees, and Epic Outdoor Advertising, LLP, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided April 4, 2007.

Attorney(s) appearing for the Case

Robert L. Morris of Day, Morris Law Firm, Belle Fourche, South Dakota, Attorneys for petitioner and appellant.

Joel P. Landeen, City Attorney's Office, Rapid City, South Dakota, Attorneys for respondent and appellee.

Michael P. Reynolds of Barker and Reynolds, Rapid City, South Dakota, Attorneys for intervenor and appellee.

CALDWELL, Circuit Judge.

[¶ 1.] Lamar Outdoor Advertising of South Dakota, Inc. (Lamar) petitioned the circuit court for a writ of certiorari to annul the action taken by the Rapid City Common Council (City Council) and a writ of mandamus to compel City Building Official Brad Solon (Building Official) to issue a stop work order to Epic Outdoor Advertising (Epic). The circuit court found the City Council had jurisdiction to hear the matter. The circuit court ended...

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