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SAVE OUR NEIGHBORHOOD v. SIOUX FALLS

No. 26792.

849 N.W.2d 265 (2014)

2014 S.D. 35

SAVE OUR NEIGHBORHOOD — SIOUX FALLS; Bonita Schwan; Dan Wray; Gale Wray; Richard V. Wilka; Mitchell Arends; Erin Arends; Rebekka Klemme; Neil Klemme; Dana Van Beek Palmer; Anne Rasmussen; and Duane O'Connell, Petitioners and Appellants, v. CITY OF SIOUX FALLS; and The Sioux Falls City Council, Respondents and Appellees.

Supreme Court of South Dakota.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Pamela R. Bollweg of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys for petitioners and appellants.

James E. Moore , Blayne N. Hagen of Woods, Fuller, Shultz & Smith, PC, Sioux Falls, South Dakota, Attorneys for respondents and appellees.

KONENKAMP, Justice.

[¶ 1.] Landowner members of "Save Our Neighborhood" seek to invalidate an annexation resolution adopted by the City of Sioux Falls under SDCL 9-4-1, annexing property to be developed for a Walmart store. Located in Lincoln County, the land is unplatted and zoned for agricultural use. Its owner voluntarily petitioned for its annexation to Sioux Falls. Save Our Neighborhood contends that the City failed to obtain approval from the Lincoln County...

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