Hentz v. City of Spearfish, Department of Public Works, Office of Planning & Zoning

AMUNDSON, Justice.

[¶ 1.] Donna Hentz (Hentz) petitioned the trial court for a writ of mandamus commanding the City of Spearfish (City) to comply with its zoning ordinances. The court issued the writ of mandamus, but did not order the removal of the addition. Hentz appeals. We affirm.

FACTS

[If 2.] The dispute between City and Hentz arises out of an unlawfully issued budding permit. 1 Hentz resides next door to Mary Kay Viles and Joe DeSiena (Viles) in City. Viles applied to City for a building permit that would allow her to construct a multi-story addition onto her home. City initially denied…