LOVE'S TRAVEL STOPS v. CITY OF WALL

#30277.

1 N.W.3d 664 (2023)

2023 S.D. 68

LOVE'S TRAVEL STOPS & COUNTRY STORES, INC., and One Shot, LLC, Plaintiffs and Appellees, v. CITY OF WALL, South Dakota; City Council for Wall, South Dakota; and Planning and Zoning Commission for Wall, South Dakota, Defendants and Appellants.

Supreme Court of South Dakota.

OPINION FILED December 28, 2023.


Attorney(s) appearing for the Case

RONALD A. PARSONS, JR. of Johnson, Janklow & Abdallah, LLP, Sioux Falls, South Dakota, KENT R. HAGG of Hagg & Hagg, LLP, Rapid City, South Dakota, STEPHANIE TRASK of City of Wall, South Dakota, Attorneys for defendants and appellants.

MICHAEL F. NADOLSKI , JEFFREY D. COLLINS , DANA VAN BEEK PALMER of Lynn Jackson Shultz & Lebrun, P.C., Sioux Falls, South Dakota, Attorneys for plaintiffs and appellees.


[¶1.] Love's Travel Stops & Country Stores, Inc. (Loves) entered into a conditional agreement to purchase property in Wall, South Dakota (City). Loves applied to rezone the property and sought a building permit to develop a new travel stop on the property. After the City Council denied these requests, Loves filed...

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