Town of Winfred v. Scholl

MILLER, Chief Justice.

This is an appeal from the circuit court’s judgment holding that abandoned autos, auto bodies and other similar materials (junk) placed by Charles Scholl on specified lots owned by him constituted a nuisance under ordinances of the Town of Winfred, South Dakota. The trial court ordered Scholl to remove the offending junk from some of the lots, but refused to enter judgment declaring the junk on Scholl’s “home place” a nuisance, thus allowing him to continue his business thereon.

On appeal, Scholl challenges Winfred’s authority to declare the junk on his property a…