Legal Opinion
City of Marion v. Rapp
South Dakota Supreme Court
Decided November 26, 2002No. NonePublishedCited by 10 opinions
1Opinion of the Court
KONENKAMP, Justice.
[¶ 1.] Under South Dakota law, the lawful use of land existing at the time of the adoption of a zoning ordinance may continue as a nonconforming use, even though the use is prohibited by the zoning ordinance. Here, the owner of a house trailer, constituting a nonconforming use in an area not zoned for trailers, replaced his trailer with a larger one. He was found guilty of violating a city zoning regulation and appeals. Can an owner who removes a house trailer and replaces it with a larger one continue the nonconforming use of the property as a house trailer site? Because…
2Cases cited9 opinions
- Cordell v. Codington CountySouth Dakota Supreme Court · 1994
- Even v. City of ParkerSouth Dakota Supreme Court · 1999
- Inhabitants of Town of Windham v. SpragueSupreme Judicial Court of Maine · 1966
- Bonaventure Intern., Inc. v. Borough of Spring LakeNew Jersey Superior Court Appellate Division · 2002
- Brown County v. MeidingerSouth Dakota Supreme Court · 1978
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Esling v. KrambeckSouth Dakota Supreme Court · 2003
- Atkinson v. City of PierreSouth Dakota Supreme Court · 2005
- Lamar Outdoor Advertising of South Dakota, Inc. v. City of Rapid CitySouth Dakota Supreme Court · 2007
- Irvine v. City of Sioux FallsSouth Dakota Supreme Court · 2006
- Parris v. City of Rapid CitySouth Dakota Supreme Court · 2013
5 more not listed; retrieve them via the Exa API.