Donovan v. City of Deadwood

MABTIN, Circuit Judge.

The City of Deadwood (City) and the Deadwood Historic Preservation Commission (Commission), appeal from a judgment reversing their decision denying Clair Donovan and Brian Maas’ (Owners) a demolition permit. The trial court held that City and Commission’s action was beyond City’s statutory and constitutional powers and beyond Commission’s authority. We affirm.

FACTS

Owners’ real property includes a commercial structure located within City commonly known as the “Treber Ice House.” This property is adjacent to U.S. Highway 85 near the outskirts of City. It is in an area…