City of Sioux Falls v. Cleveland

This action was brought by the city of Sioux Falls under SDC 45.2614 to restrain the maintenance and use of two trailer houses on a described lot on the theory that such use is proscribed by its zoning ordinance. The trial court predicated its judgment dismissing the complaint of the city on two grounds. First, it concluded the use revealed by the evidence is not prohibited toy the zoning ordinance because of an existing and continuing use of the premises for that purpose prior to and since the effective date of that ordinance. Second, interpreting the zoning ordinance as forcing those who,…