Legal Opinion

In Re B.Y. Development, Inc.

South Dakota Supreme Court

Decided July 7, 2010No. 25407PublishedCited by 5 opinions

1Opinion of the Court

KONENKAMP, Justice.

[¶ 1.] A business sought approval from the local historic preservation commission to expand its building in a historic landmark district. In denying the application, the commission relied on city ordinances to conclude, in the words of the enabling statute, that the project would “encroach upon, damage, or destroy” certain historic properties. In reversing the commission’s ruling, the circuit court interpreted the enabling statute without reference to the city ordinances the statute empowered the city to enact. We reverse and remand for the circuit court to examine both the…

2Cases cited4 opinions

  1. Wiersma v. MAPLE LEAP FARMSSouth Dakota Supreme Court · 1996
  2. Esling v. KrambeckSouth Dakota Supreme Court · 2003
  3. City of Rapid City v. AndersonSouth Dakota Supreme Court · 2000
  4. Certification of a Question of LawSouth Dakota Supreme Court · 2010

3Cited by5 opinions

  1. Gabriel v. BaumanSouth Dakota Supreme Court · 2014
  2. West v. DooleySouth Dakota Supreme Court · 2010
  3. Aspen Specialty Insurance Company v. The Quarters Condominium Owners Association, Inc.District Court, M.D. Tennessee · 2024
  4. Gabriel v. BaumanSouth Dakota Supreme Court · 2014
  5. McDowell v. SapienzaSouth Dakota Supreme Court · 2018

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