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LAW v. CITY OF SIOUX FALLS

No. 25897.

804 N.W.2d 428 (2011)

2011 S.D. 63

Rick LAW, Plaintiff and Appellee, v. CITY OF SIOUX FALLS, Defendant and Appellant, v. South Dakota Lottery, a Division of the Department of Revenue and Regulation, State of South Dakota, Intervenor and Appellee.

Supreme Court of South Dakota.

Decided September 21, 2011.

Attorney(s) appearing for the Case

William E. Blewett , Mark V. Meierhenry of Meierhenry Sargent, LLP, Sioux Falls, SD, Attorneys for plaintiff and appellee Rick Law.

Mark J. Arndt of May & Johnson, PC, Sioux Falls, SD, Attorneys for defendant and appellant.

Andrew L. Fergel of South Dakota Department of Revenue and Regulation, Pierre, SD, Attorney for intervenor and appellee South Dakota Lottery.

KONENKAMP, Justice.

[¶ 1.] The City of Sioux Falls enacted a zoning ordinance controlling the location of new on-sale alcoholic beverage businesses seeking to place video lottery machines in their establishments. In a declaratory action, the circuit court ruled that the City exceeded its authority when it enacted the ordinance. The court concluded that South Dakota's constitutional and statutory scheme indicated that the State intended to fully occupy the field...

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