Atkinson v. City of Pierre

KONENKAMP, Justice.

[¶ 1.] In this mandamus action on alleged nuisance and zoning ordinance violations, we affirm the circuit court’s judgment denying relief.

Background

[¶ 2.] Defendant Tour Ice began its retail business in 1978. Consisting of a mobile home and garage, it was first located at 420 South Henry Street, Pierre, South Dakota, one block west of its current site at 425 South Central Avenue. The business moved to the latter address in 1991, when its new icé plant was completed. Since its inception, it has operated for thirty-two years in a zone classified as the central business…