McDOWELL v. SAPIENZA

28234 28239 28252.

906 N.W.2d 399 (2018)

2018 S.D. 1

Pierce McDOWELL and Barbara McDowell, Plaintiffs and Appellees, v. Joseph SAPIENZA and Sarah Jones Sapienza, M.D., Defendants and Appellants, and City of Sioux Falls, Defendant and Appellee.

Supreme Court of South Dakota.

Opinion Filed January 3, 2018.

Rehearing Denied February 16, 2018.


Attorney(s) appearing for the Case

RONALD A. PARSONS, JR. , STEVEN M. JOHNSON , SHANNON R. FALON of Johnson Janklow Abdallah, Reiter & Parsons LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees McDowells

RICHARD L. TRAVIS , ADAM R. HOIER of May & Johnson, P.C., Sioux Falls, South Dakota, Attorneys for defendants and appellants Sapienzas.

WILLIAM C. GARRY , MELISSA R. JELEN of Cadwell, Sanford, Deibert & Garry, LLP, Sioux Falls, South Dakota, Attorneys for defendant and appellee City of Sioux Falls

MARTY J. JACKLEY , Attorney General, PAUL S. SWEDLUND , Assistant Attorney General, for Amicus Curiae S.D. State Historical Society


[¶ 1.] Property owners constructed a new home on property located within a historic district. Adjacent owners alleged the home violated state regulations on new construction in historic districts as well as a local ordinance governing chimneys. Adjacent owners sought a mandatory injunction requiring modification or reconstruction...

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