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DEADWOOD v. M.R. GUSTAFSON FAMILY TRUST

No. 25237.

777 N.W.2d 628 (2010)

2010 SD 5

CITY OF DEADWOOD, Plaintiff and Appellant, v. M.R. GUSTAFSON FAMILY TRUST, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 13, 2010.

Attorney(s) appearing for the Case

Jason A. Campbell, Deadwood, South Dakota, Attorney for plaintiff and appellant.

Roger A. Tellinghuisen, Marya Vrooman Tellinghuisen of Tellinghuisen & Gordon, P.C., Spearfish, South Dakota, Attorneys for defendant and appellee.

ZINTER, Justice.

[¶ 1.] The M.R. Gustafson Family Trust (Gustafson) sought to demolish a building located in the City of Deadwood (City). The building was included on both the national and state registers of historic places. The City informed Gustafson that, under a City ordinance, review and permitting by the local Historic Preservation Commission (HPC) was necessary to demolish the building. Gustafson contended that such a review was not required under a proper...

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