Engen v. Knobe

WUEST, Circuit Judge.

The facts and issues in this case were stipulated. Certain lots in Sioux Falls were zoned RS-1 (residential). Appellant Contemporary Industries petitioned the zoning commission to rezone the property for commercial use so that it could erect a neighborhood convenience store. The zoning commission denied the petition. Contemporary Industries appealed to the city commission, which adopted an ordinance rezoning the property to C-l (neighborhood commercial).

SDCL 11-4-5, together with SDCL 9-19-7, provides that if such an ordinance be adopted, the same shall be published and…