City of Sioux Falls v. Peterson

The defendant was charged with violation of an ordinance of the City of Sioux Falls in that he “drove a motor vehicle involved in an accident resulting in damage to property and failed to immediately stop at the scene of such accident and give the information required” by the ordinance. On motion of the defendant the complaint was dismissed upon the ground that the city had exceeded its powers in adopting the ordinance. The city has appealed.

Our municipal corporations derive all of their powers from the legislature. Article X, Constitution of South Dakota. Ericksen v. The City of Sioux Falls,…