City of Colton v. Corbly

WOLLMAN, Chief Justice.

This is an appeal from a judgment imposing a permanent mandatory injunction requiring appellant to remove an addition to certain real property located in the city of Colton (appellee). * We affirm.

Appellant, owner of the real estate in question, built an addition on her property without first applying for and receiving a building permit. Appellee’s zoning ordinance, Ordinance 104, requires a building permit as a precondition to construction of such an addition.

Appellant attacks the ordinance as being invalid under the United States Constitution and South Dakota…