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DAILY v. CITY OF SIOUX FALLS

Nos. 25698, 25715.

802 N.W.2d 905 (2011)

2011 S.D. 48

Daniel DAILY, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 24, 2011.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota and Charles L. Dorothy , Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Michael A. Henderson , William C. Garry of Cadwell, Sanford, Deibert & Garry, LLP Sioux Falls, South Dakota Attorneys for defendant and appellant.

SEVERSON, Justice.

[¶ 1.] Over a period of two years, the City of Sioux Falls issued Daniel Daily four citations for a concrete extension to his driveway. Daily appealed each of the citations, but a hearing was held only on the final two citations he received. The hearing examiner upheld the final two citations. Daily then initiated this declaratory judgment action against the City. After a four-day trial, the trial court concluded that the City's administrative...

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